Ian M. Cumming v. Glendon E. Johnson

GOODWIN, Circuit Judge.

Glendon Johnson appeals a judgment of specific performance of an oral stock transfer agreement between Johnson’s brother Franklin, who was acting as Johnson’s agent, and the plaintiff, Ian Cumming. Johnson asserts that the district court lacked subject matter jurisdiction, 1 that enforcement of the oral agreement was barred by the statute of frauds, and that his wife’s community property interest, in the disputed stock could not be transferred under the trial court’s order. We affirm the district court.

Johnson and his wife, Bobette Johnson, are Texas residents. Cumming…