Walker v. Ireton,

559 P.2d 340 (1977)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.