Masters v. Redwine

An oral contract for the swap of 5-acres of real estate was enforceable based on the totality of the evidence, which included the plaintiff's complete performance and the defendant's acceptance of that performance.

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We granted certiorari to determine whether Fred Masters presented sufficient evidence of his real estate contract with David Redwine to justify specific performance of that contract. The Whitfield County Superior Court jury found in favor of Masters, but the Court of Appeals reversed, ruling that the written contractual evidence lacked an adequate description of the property.1 Because the totality of the evidence, especially the complete performance by Masters and acceptance of that performance by Redwine, was sufficient to establish the existence of a valid oral contract and sustain the jury’s verdict, we reverse. 1. The statute of frauds, subject to certain exceptions, requires a contract for the sale of land to be in writing.2 If there has been partial or complete performance by one party to the contract, however, coupled with acceptance of that performance by the other party to the contract, a writing may not be necessary.3 To deny the existence of the contract under such circumstances would allow the party that accepted the performance to perpetrate a fraud on the performing party.

Because the factfinder in this case found the existence of a contract, the appellate courts “are relegated to the position of determining whether or not there was any evidence in the case to support that conclusion. . .”4 In this case, Masters presented evidence that in the Fall of 2000, he was a contractor building a house for Redwine. Masters decided to purchase ten acres from the Masters brothers no relation on the border of Redwine’s property to build a house of his own. After Masters paid half the purchase price, Redwine told him he did not want anyone living so close to him. As an alternative, Redwine offered to trade Masters five acres that he owned elsewhere in exchange for half of the acreage Masters was in the process of purchasing from the Masters brothers.

Masters v. Redwine

An oral contract for the swap of 5-acres of real estate was enforceable based on the totality of the evidence, which included the plaintiff's complete performance and the defendant's acceptance of that performance.

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