CHAPTER 923
STATUTE OF FRAUDS

Table of Contents

Sec. 52-550. Statute of frauds; written agreement or memorandum.

      Sec. 52-550. Statute of frauds; written agreement or memorandum.

      Trial court improperly instructed jury on statute of frauds when it instructed jury that it could find that an exception to statute of frauds applied if it found that plaintiffs had proved either part performance of contract or detrimental reliance induced by defendant; although this court has occasionally used the terms interchangeably, it never intended that doctrines of equitable estoppel and of part performance operate as independent exceptions to statute of frauds; part performance is an essential element of the estoppel exception to statute of frauds. 274 C. 33.

      Subsec. (a):

      Subdiv. (4): Contract for sale of real estate that does not contain any designation of seller fails to satisfy statute. 85 CA 503. Statute did not apply to circumstances of case because contract governing son's debt had been fully performed and it is well-established under state law that full performance by both parties to an oral contract will operate to remove a contract from the provisions of statute, and cause of action concerned property owners' default on their mortgage loan rather than an action to enforce property owners' promise to pay part of son's debt. 89 CA 200.

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