mark hardin upperville, va
The oral agreement between Gibbens and Hardin is substantially similar to a parol agreement that we considered in Jarrett v. *480 Johnson, 52 Va. (11 Gratt.) 327 (1854). In Jarrett, James McDowell executed a contract dated September 8, 1849 to sell Barnabas Johnson a tract of land. This contract allowed either party to withdraw from the contract by giving written notice on or before October 1, 1849. On September 26, 1849, Johnson and James Jarrett executed a written agreement which specified how they would divide the land that Johnson had conditionally purchased from McDowell. McDowell exercised his right to withdraw from the September 8, 1849 contract. In October, 1849, McDowell informed Jarrett that the property was again for sale. Jarrett and Johnson met and decided to make an offer to acquire the property. McDowell conveyed the land to Johnson and Jarrett by deed dated November 5, 1849. Immediately, there was a dispute between Johnson and Jarrett as to how the land should be divided.
 Gibbens testified at trial:
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Trained by Hall of Fame inductee Woody Stephens, at age two Miss Oceana won the Grades 1 Arlington-Washington Lassie, Frizette, and Selima Stakes and was runnerup to Althea for American Champion Two-Year-Old Filly honors.
Miss Oceana (1981–1988) was an American Thoroughbred racehorse who won six Grade 1 stakes during her racing career  and was sold for a World Record price as a broodmare.