Royer v. Gailey

1 Citing case

  1. Conklin v. Karban Rock, Inc.

    94 Or. App. 593 (Or. Ct. App. 1989)   Cited 18 times
    In Conklin v. Karban Rock, Inc., 94 Or. App. 593, 767 P.2d 444, rev den, 307 Or 719 (1989), however, this court held that a party asserting estoppel to avoid the statute of frauds must show that the party asserting the statute of frauds made a misrepresentation "beyond the contractual promise itself and gained an advantage from the misrepresentation and detrimental reliance.

    In Luckey, the plaintiff built a reservoir on the easement allegedly granted to him. In Royer v. Gailey, 252 Or. 369, 449 P.2d 853 (1969), a similar water-collecting structure was built on the land. Such a physical improvement to land "corroborates and is unequivocally referable to the oral agreement."