ELLIOTT v. TIMMONS

No. BS-105.

519 So.2d 671 (1988)

James W. ELLIOTT, Appellant, v. William A. TIMMONS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 23, 1988.


Attorney(s) appearing for the Case

G. Thomas Smith of Smith, Sauer & Walker, P.A., Pensacola, and Robert P. Smith, Jr., of Hopping, Boyd, Green & Sams, Tallahassee, for appellant.

J. Nixon Daniel, III, of Beggs & Lane, Pensacola, for appellee.


SMITH, Chief Judge.

Elliott appeals a final judgment rendered pursuant to a jury verdict in favor of Timmons. The evidence, though conflicting, supports a jury finding that the parties entered into an oral contract whereby Elliott, through his partner or agent, agreed to convey mineral lease acres to Timmons, and that this contract could be enforced, despite the statute of frauds defense, because Timmons had partially performed his obligations under the agreement...

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