Wadsworth v. Moe

A single issue is dispositive of this appeal:

Is the “Real Estate Option” void under the statute of frauds, sec. 240.08?

An option to purchase real estate which does not conform to the statute of frauds is void and a nullity. That statute, sec. 240.08, provides:

“Contract for lease or sale to be in writing. Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands shall be void unless the contract or some note or memorandum thereof, expressing the consideration, be in writing and be subscribed by the party by whom the lease or sale is…