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MITCHELL v. LAND

No. 9.

355 P.2d 682 (1960)

Paul A. MITCHELL, Appellant, v. Basil LAND and Elizabeth Land, husband and wife, Appellees.

Supreme Court of Alaska.

September 19, 1960.

Attorney(s) appearing for the Case

Albert Maffei, Anchorage, for appellant.

Hughes & Thorsness, Anchorage, for appellees.

Before NESBETT, C.J., and DIMOND and AREND, JJ.

AREND, Associate Justice.

The appellant, Paul A. Mitchell, commenced this action in 1954 in the District Court for the District (Territory) of Alaska to recover damages for breach of contract by the appellees (defendants below) to convey to him an exclusive easement for a private road across their land. At a pre-trial conference it developed that the contract was an oral one and possibly within the Statute of Frauds, whereupon the appellees moved for judgment on the...

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