Rader v. Campbell

I concur in the decision of this Court in .affirming the decree of the circuit court granting specific performance of the oral contract involved in this suit. I do not, however, accept Point 2 of the syllabus, in the form in which it appears, as a correct statement of the law. It is incomplete, unsatisfactory and misleading. In its present imperfect form it merely says, in effect, that, if the defense of the statute of frauds is not relied upon as a defense, an oral agreement to execute a deed in the settlement of a pending action of ejectment by locating a disputed boundary line may be…