Thies v. Wheelock

Citations

• 2017 Ohio 8605
• 100 N.E.3d 903

Syllabus

Evidence supported trial court's finding that the parties had entered into an oral contract to submit joint bids on a property to be sold at auction. Trial court did not err in enforcing the agreement. Statute of frauds did not apply because, although the ultimate goal of the agreement was to bid on real property, neither party held an interest in the property at the time of their oral agreement and, in any event, partial performance by plaintiff constituted an exception to the statute of frauds. Imposition of constructive trust on the property was appropriate, as was an award of specific performance. Trial court's \alternate\ award of damages was superfluous. Judgment affirmed.