Nelson Izaguirre v. Juan Herrera
── Nelson Izaguirre v. Juan Herrera ──
Case No.: 24A-PL-02419
Court: Indiana Court of Appeals
Date: September 19, 2025
Author: Judge Paul Mathias
County of Origin: Bartholomew
Category: Civil
Decision: Affirmed
Judge May and Judge Bradford concur
Indiana’s Statute of Frauds generally requires the sale of land to be in writing in
order for the sale to be enforceable. But there is an equitable exception to that
general rule when one side partially performs on an oral contract. Here, Juan
Herrera alleged that he had purchased land from Nelson Izaguirre without a
written contract but had paid Izaguirre the full price for the purchase, lived on
the property for several years thereafter, and had spent substantial costs
improving the residence on the land.
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