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Kost v. Kraft | 795 N.W.2d 712 (2011)

The statute of frauds provides that certain agreements aren’t enforceable unless they’re in writing and signed by the party to be charged. As with many rules, however, the statute of frauds is subject to exceptions. We explore one of these exceptions in Kost versus Kraft.

Jim Kost and Allen Kraft ceased operating their custom combining partnership in 2003. Five years later, Kost sued to dissolve the partnership formally. Kraft alleged that after the termination of the parties’ partnership, Kost had orally agreed to lease combining equipment from Kraft. Although Kost used the equipment, he hadn’t paid Kraft as agreed. Accordingly, Kraft counterclaimed to recover the amounts Kost allegedly owed under the parties’ oral lease agreement.

The alleged oral lease agreement didn’t comply with the statute of frauds. Moreover, the trial court found that the partial performance exception to the statute of frauds didn’t apply. Accordingly, the trial court granted summary judgment in Kost’s favor on Kraft’s counterclaim. Kraft appealed to the North Dakota Supreme Court.

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