Clark v. Larkin

The opinion of' the court was delivered by

Price, J.:

This is an appeal from an order overruling a demurrer to an amended petition in an action for damages for breach of an alleged oral contract for the sale of certain real estate in the city of Hutchinson.

The question is whether a written memorandum (hereinafter set out) is a sufficient compliance with the statute of frauds.

The factual background of the matter, as alleged in the amended petition, is as follows:

Plaintiffs Clark and Musser are residents of Hutchinson and Kansas City, Missouri, respectively. Defendant is a resident of Wichita.…