Can an oral agreement for the sale of land be specific performance?
Saskatchewan, Canada
The following excerpt is from Lensen v. Lensen, 1982 CanLII 2458 (SK QB):
In Erb v. Wilson (1969), 1969 CanLII 639 (SK QB), 69 W.W.R.(N.S.) 126, specific performance was sought of an alleged oral agreement for the sale of land made with the vendor during his lifetime, which land the claimant had held under a written lease for many years. It was held that while the acts of the claimant contended to be part performance related to the land they were not unequivocally and in their own nature referable to the agreement alleged and were equally consistent with a lease as with an agreement for sale.
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