Walker v. Ireton

559 P.2d 340 (1977)

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Nature of the Case

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Facts

Walker (P) filed suit for specific performance of an oral contract for the sale of farmland. Ireton (D) defended on the grounds of the statute of frauds and filed a motion for summary judgment. P and D discussed the oral sale of D's farm from July 1973 until July 1974. P tried to get D to sign a written contract, but D refused as he said he was honest and one was not needed. The initial check of $50 that was delivered as per the oral agreement but it was never endorsed or cashed. D even offered $200 to P to cancel their oral contract. P obtained an abstract of title from Mrs. D. P queried Mrs. D as to why the initial check had not been cashed. The second installment was tendered for $7,612.50. D then informed P that he was backing out of the deal and refused the check. P refused to take back his $50 check. P was upset as he had purchased another farm prior to talking to D and because D's farm was better P sold the prior farm in order to buy D's land. There was no evidence that D even knew that P had sold his other farm in reliance on the oral contract with D. D's motion was granted, and P appealed.