Gardner v. Gardner
Iowa Supreme Court
454 N.W.2d 361 (Iowa 1990)
Relevant factsFree
Harry Gardner (defendant), needing collateral to refinance a bank loan, asked his brothers (plaintiffs) to deed him their remainder interests in family farmland, orally promising to convey the interests back if the refinancing fell through. When his refinancing application was denied, Harry refused to return the interests, and his brothers sued; the trial court excluded evidence of the oral reconveyance agreement as barred by the Statute of Frauds.
IssueFree
Whether an oral agreement to return a land interest, conveyed for a specific purpose that ultimately did not come to fruition, is valid and provable despite the Statute of Frauds.
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