Moulton v. Harris

Foote, C.

This action was brought to enforce the specific performance of a contract for the conveyance of land.

Under the findings, which are, as we think, supported by the evidence, it appears that the plaintiff, the vendee, took possession of the land, by her agents, with the consent of the vendor, and made valuable improvement thereon on the faith of the contract. This is sufficient part performance of the contract, it being oral, to take it out of the operation of the statute of frauds, under the rule announced in Calanchini v. Branstetter, 84 Cal. 258.

The most strenuous contention of the…