Martin v. Scholl

I respectfully submit that the majority assumes the role of a trial court on this appeal by, in effect, retrying the case on a critical evidentiary point and ignoring the trial court’s findings of fact which contradict the factual assumptions the majority makes. The consequence is that a man and his family who worked seme thirty years for the deceased George H. Chaffin is deprived of property which was promised to him in return for his services. In my view, the statute of frauds, which was designed to prevent frauds, in effect perpetrates on the plaintiff the very result which the statute was…