Ficke v. Wolken

Gerald Ficke (plaintiff) worked as a farmhand for Gilbert Wolken (defendant), who promised him 80 acres of land if he worked for Wolken for 10 years. Ficke did so, but Wolken never transferred the land, so Ficke sued for specific performance. Wolken had told Ficke the land already belonged to him, set aside its harvest proceeds for him, and later tried to buy Ficke a house instead. Wolken's sister testified Wolken admitted making the promise and that Ficke had met the 10-year condition. The trial court and appellate court both ruled for Ficke, finding his continued work satisfied the part-performance exception to the statute of frauds. Wolken appealed, arguing Ficke's ordinary employment relationship -- not the land promise -- could equally explain why he kept working.