Boone v. Coe
of Appeals of
Facts: The defendant made an oral contract
with the plaintiffs to move to
Issue: Can the plaintiffs recover reliance damages on a contract that is unenforceable under the statute of frauds?
Rule: Damages cannot be recovered when a contract is held to be unenforceable under the statute of frauds unless the defendant receives benefit from part performance of a service contract, in which case the plaintiff may obtain restitution for services rendered.
Analysis: Because the defendant received no benefit, he has no obligation to pay, since the contract was unenforceable in the first place.
Conclusion: The judgment of the lower court was affirmed.