Ficke v. Wolken, 291 Neb. 482

Gerald Ficke worked for Gilbert Wolken from 2000 to 2010 as a hired hand; wages and bonuses were paid during employment.
Around 2002–2003 Wolken orally promised Ficke that if he worked for ten years Wolken would give him 80 acres of farmland.
Ficke continued working about 10 years 9 months; Wolken never executed a deed and later terminated Ficke in 2010.
Evidence included Ficke’s testimony about relying on the promise, Wolken’s deposition admitting the promise, Wolken’s sister’s testimony that Wolken said Ficke completed the ten years, and Wolken’s conduct (paying Ficke 40% of wheat proceeds from the 80 acres and attempting to substitute a house for the land).
The district court ordered specific performance; the Nebraska Court of Appeals affirmed. The Nebraska Supreme Court granted further review.

Issue	Plaintiff's Argument (Ficke)	Defendant's Argument (Wolken)	Held
Whether part performance overcomes the statute of frauds for an oral promise to convey land	Ficke contended his 10+ years of continued employment was performed solely in reliance on Wolken’s oral promise, making specific performance appropriate	Wolken argued the continued employment was referable to the regular employment relationship and compensation, not the oral land promise; plaintiff’s subjective testimony of intent is insufficient	Court held part performance exception applies: evidence (including Wolken’s admissions and conduct) sufficiently showed performance was referable solely to the oral promise; specific performance affirmed
Whether plaintiff’s testimony about his subjective intent can alone satisfy part performance	Ficke relied on his testimony that he stayed because of the promised land	Wolken argued subjective testimony cannot substitute for objective acts that "speak for themselves"	Court held that plaintiff’s testimony of intent alone is insufficient; part performance must be shown by acts that speak for themselves, but here other objective evidence sufficed

Langemeier v. Urwiler Oil & Fertilizer, 265 Neb. 827 (2003) (standard for appellate de novo review in equity)
Twin Towers Condo. Assn. v. Bel Fury Invest. Group, 290 Neb. 329 (2015) (trial-court credibility findings may be given weight on review)
Glazer v. Dress Barn, Inc., 274 Conn. 33 (2005) (plaintiff’s intent testimony alone insufficient for part performance; acts must speak for themselves)
Owens v. M.E. Schepp Ltd. Partnership, 218 Ariz. 222 (2008) (same principle regarding part performance)
Theobald v. Agee, 202 Neb. 524 (1979) (continued employment held insufficient where referable to regular employment compensation)
In re Estate of Layton, 212 Neb. 518 (1982) (continued employment not enough where nothing distinguished alleged promise from ordinary employment)
Crnkovich v. Crnkovich, 144 Neb. 904 (1944) (historic articulation of part-performance requirements)
Hackbarth v. Hackbarth, 146 Neb. 919 (1946) (statute of frauds bars oral conveyances absent an exception)