Maynard v. Barkley

Citations

• 2025 Ohio 1890

Syllabus

Forcible Entry and Detainer; Jury Deposit; Local Rule; Part Performance; Promissory Estoppel; Statute of Frauds. Under the statute of frauds, contracts for the sale of land are to be in writing and signed by the party to be charged therewith. However, an oral land contract can be removed from the statute of frauds under the doctrine of part performance if there are unequivocal acts based upon the agreement; the party has changed its position to its detriment; and it is impractical to return to the parties to the previous status quo. If the acts of the parties can be reasonably explained by another arrangement, the doctrine of part performance is not applicable. The doctrine of promissory estoppel can remove an oral agreement from the statute of frauds if there was a misrepresentation that the statute of fraud's requirements were met or a promise to make a memorandum of the agreement.