Often v. Stout

The bill is by complainant, as vendor, for the specific performance by defendants (husband and wife) of a contract for the sale and conveyance of certain real estate. The answer denies the making of the alleged contract, and under this answer defendants rely on the statute of frauds — as they are entitled to do. Ziegener Lane v. Daeche, 91 N.J. Law 634. Complainant contends that the proofs show a sufficient compliance with the statute, but that if not, there has been part performance sufficient to take the case out of the statute.

The land to which complainant claims to be entitled is a tract…