Stooksberry v. Pigg

Hart, J.,

(after stating the facts). Under the instructions of the court, to the effect that, if the jury should find that the plaintiff and the defendant entered into an oral agreement for the sale of the land described in the complaint, and the defendant took possession of the land under said oral agreement, the agreement became binding upon the defendant; and, if he failed to comply with the terms of the oral agreement, he was liable to plaintiff for damages for breach' of the contract. This instruction was erroneous.

This was an action to recover damages for the breach of an oral contract…