Plymale v. Comstock

Citations

• 9 Or. 318

Syllabus

<p>Statute, of Frauds — Parol Agreement.</p> <p>The principle upon which courts of equity have avoided the statute of frauds, upon the ground of part performance of a parol agreement, is well settled. The rule is that such parol agreement must be certain and definite in its terms, and the acts proved in part performance must be of the identical contract set up, and must have been so far executed that refusal to execute would operate as a fraud on the party. A failure to prove the contract set up is fatal to the pretentions of the complainant. f</p>