Glockner v. Town

OPINION OF THE COURT BX

STAINBACK, J.

In this case plaintiff seeks to recover from defendant damages suffered by him by reason of defendant’s failure to perform a contract to purchase certain real property. There was a motion to dismiss the complaint on the ground that the contract sued upon was within the statute of frauds. The motion was granted and the appeal is from the order of dismissal.

The only issue before this court is whether there is a sufficient memorandum signed by the party to be charged to take the oral contract out of the statute of frauds. It *486is alleged that the oral agreement…