Bradshaw v. McBride

STEWART, Justice:

Defendants appeal from a lower court ruling ordering specific performance of an oral contract to sell plaintiffs two parcels of land and appurtenant water rights. Defendants seek reversal of the order on four grounds: lack of jurisdiction over one of the eight co-owners of the property; insufficiency of the evidence to show that the co-owner entering into the oral contract acted as an agent for the remaining co-owners; insufficient “part performance” of the oral contract to satisfy the statute of frauds; and an absence of evidence showing which water rights were appurtenant…