Garry W. Jacobson, Plaintiff and Appellee v. Jeffrey L. Gulbransen and Carol L. Gulbransen, Defendants and Appellants

Summary

The court held that the parties formed an enforceable agreement under which the Gulbransens could retain five acres near their home and were required to convey the remaining southern portion of the parcel to Jacobson. The signed memorandum, surrounding circumstances, and parol evidence sufficiently identified the land, and Jacobson's withdrawal of his objections to the Forest Service sale constituted detrimental reliance removing the agreement from the statute of frauds. The court upheld specific performance and affirmed the denial of attorney's fees; Sabers, Justice, concurring in part and dissenting in part, would have awarded attorney's fees as damages for fraud.