Ficke v. Wolken

In 2000, Employee began working for Employer on Employer's farmland. Employee alleged that Employer promised him eighty acres of farmland if he continued his employment for ten years. Although Employee worked for Employer for more than ten years, Employer never signed over the eighty acres to Employee and subsequently terminated Employee’s employment. Employee filed a complaint against Employer for breach of contract. The district court concluded that the part performance exception to the statute of frauds applied in this case and granted Employee specific performance of the contract. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the court of appeal improperly relied upon Employee’s testimony as to his intent because to prove part performance, the alleged acts of performance must establish the exception without the aid of such testimony; but (2) there was other sufficient evidence to support the grant of specific performance in Employee’s favor. View "Ficke v. Wolken" on Justia Law