Byers v. Doheny

105 Cal. App. 484 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that a party who has partially performed an oral agreement for an interest in land and has so changed his position in reliance upon it that injustice can be avoided only by enforcing the agreement is entitled to a remedy in equity, notwithstanding the Statute of Frauds, and that the appropriate remedy is the imposition of a constructive trust upon the property.

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