Smith v. Cox

Smith, Justice.

Appellee brought an action for a writ of possession. Appellants counterclaimed, alleging that the parties have entered into a “lease-purchase” agreement resting partly in writing and partly in parol. The trial court, ruling that the alleged agreement was unenforceable on account of the Statute of Frauds, refused to allow oral testimony as to the terms of the alleged contract and directed a verdict in favor of appellee. We reverse.

On February 7, 1962, the parties entered into the following agreement, entitled “Lease”: “Harvey J. Smith and wife Reba, has leased house on Rathburn…