COIL, Commissioner.
Plaintiffs sued for specific performance of an alleged contract with defendants for the sale and conveyance of real estate or, in the alternative, sought damages for breach. Defendants, by separate answers, denied the contract.
While the petition did not aver that the contract was oral, it developed in the evidence that it was, and no written memorandum thereof was relied upon.
Defendants-appellants rely upon the statute of frauds...
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