Section 6 Statute of Frauds and Partial Performance

• Library: Real Estate Fundamentals 2011

There is a mistaken belief that all verbal contracts for the sale of real estate, regardless of the circumstances, are void under the statute of frauds. But the statute of frauds is overcome when there has been a partial performance by one of the parties on the basis of a verbal contract or the purchaser has made improvements relying on the contract. Anderson v. Abernathy, 339 S.W.2d 817 (Mo. 1960). Just as with a written contract, the party...