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Home / Opinion Digests / Business Law / No proof taken on statute of frauds defense (access required)

No proof taken on statute of frauds defense (access required)

Where appellee offered the statute of frauds as an affirmative defense to appellants’ breach of contract claim, the trial court erred by granting appellee’s motion to strike. Appellee had the burden to prove that the statute of frauds applied and barred enforcement of the parties’ agreement. The trial court erred by dismissing the case without requiring ...