For Your Data Walker V. Ireton Illustration Brief
August 31, 2019
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Walker v. Ireton case brief summary
559 P.2d 340 (1977)
CASE FACTS
The seller brought an activity for the specific surgical procedure of an oral contract for the sale of farmland. He afterward appealed from the grant of summary judgment inwards favor of the buyers on that grounds that he was non entitled to specific surgical procedure because of the application of the statute of frauds.
ISSUE
CONCLUSION
The granting of summary judgment inwards favor of the buyers was affirmed.
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559 P.2d 340 (1977)
CASE SYNOPSIS
Plaintiff seller appealed from Saline District Court, Division No. 1 (Kansas), which granted accused buyers' motion for summary judgment on the Earth that the seller was non entitled to specific surgical procedure every bit a affair of constabulary because of the application of the statute of frauds.CASE FACTS
The seller brought an activity for the specific surgical procedure of an oral contract for the sale of farmland. He afterward appealed from the grant of summary judgment inwards favor of the buyers on that grounds that he was non entitled to specific surgical procedure because of the application of the statute of frauds.
ISSUE
- Whether equitable considerations prevented the statute of frauds from beingness asserted every bit a defence to the activity on the oral contract.
- On appeal, the courtroom affirmed, finding that the illustration was ripe for summary judgment.
- The courtroom concluded that nether all the facts as well as circumstances equity did non ask the statute of frauds to endure removed every bit a defence to this activity for specific surgical procedure of the oral contract.
- There was no claim that at that topographic point was whatever human relationship of trust or confidence betwixt the parties.
- There were no allegations or testify of fake misrepresentation of existing facts.
- The courtroom likewise industrial plant life that the seller was entitled to the furnish of his cheque on the reason of quantum meruit or unjust enrichment.
- The judgment of the district courtroom was affirmed.
CONCLUSION
The granting of summary judgment inwards favor of the buyers was affirmed.
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