Najarian v. Boyajian

Heard on respondents’ appeal from a decree granting complainant’s prayer for specific performance of a contract for the sale of a farm. The defence was that a contract was talked about but that its terms were never agreed upon.

The trial court found that no sufficient written memorandum existed to comply with the Statute of Frauds, but that “the oral agreement was accompanied by substantial part performance attended by possession” and thus could be enforced in spite of the Statute of Frauds.

The terms of the oral contract made in 1923 with the owners of the fee were established with unusual…