French v. Mitchell

Mr. and Mrs. Mitchell, the defendants in error, instituted a. suit against French, the plaintiff in error, to enforce specific performance of a contract which they allege they made with him in April of 1928, for an interest in his lands. The contract, if made, was altogether oral. French denies making it and also relies upon the defense of the statute of frauds, C. L. ’21, page 1397, section 5107, which declares such oral contracts void. The Mitchells claim it was taken out of the statute of frauds by part performance, under C. L. ’21, page 1397, section 5109. Trial was had to the court and…