Majority
p. 924John E. Willis and Another, Doing Business as the Willis-Velzey Company, Respondents, v. Charles L. Hinaman and Another, Appellants.
Judgment and order reversed and new trial granted, with costs to appellants to abide event. Held, it was error to strike out defendants’ testimony tending to show that plaintiffs agreed to accept land in payment for their services. Plaintiffs were bound by the agreement, notwithstanding the Statute of Frauds, since defendants were willing to perform. Ah concurred.