Phillips v. Swenson

Citations

• 16 S.D. 357
• 92 N.W. 1065
• 1902 S.D. LEXIS 118

Syllabus

<p>In an action to compel a conveyance of land pursuant to an oral contract by which defendant. advanced the purchase price and took title agreeing to convey to plaintiff on payment of the amount advanced, with interest, testimony that the parties thereafter had an accounting and settlement, at which defendant paid to plaintiff a balance found due, and plaintiff relinquished all claim to the land, was competent; Comp. Laws, § 3617, requiring that all agreements for the sale of real property or any interest therein shall be in writing, and section 3245, providing that no estate in real property can be transferred except by an instrument in writing subscribed by the party disposing of the same, having no application to such case.</p>