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GLASS v. KIRKLAND

Nos. 93-3597, 93-4042.

29 F.3d 1266 (1994)

David GLASS; Appellee; v. Jake R. KIRKLAND; Patricia A. Kirkland; Appellants. David GLASS; Appellant; v. Jake R. KIRKLAND; Patricia A. Kirkland; Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Stuart Helm King, Springfield, MO, argued, for appellants.

Ransom A. Ellis, III, Springfield, MO, argued (Lester J. Boyle, on the brief), for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

HEANEY, Senior Circuit Judge.

Jake R. Kirkland and Patricia A. Kirkland appeal an order of specific performance of a contract to sell real estate to David Glass. The district court found that partial performance of the oral sales contract removed it from the Statute of Frauds. Glass cross-appeals the district court's dismissal of his claim for damage to the land. We affirm the order of specific performance of the real estate contract and reverse the dismissal of Glass...

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