Burge v. Krug

Appeals have been taken by both parties from a $1,200 judgment in favor of plaintiff entered against defendant in an action for a breach of contract to convey real property. The defendant appeals on the ground that the purported agreement for the sale of real property is invalid under the statute of frauds and is unenforceable.

The basis of plaintiff’s appeal is inadequacy of damages. Both are taken upon the clerk’s transcript only. The facts are not in dispute.

E. F. Burge, plaintiff, entered into a written contract entitled “Escrow Instructions” with defendant Norval Krug to buy certain real…