Coe (D) was the owner of a farm. Boone (P) was a farmer and D made a deal with P who lived in Kentucky to move to D's farm in Texas and rent the farm for 12 months from the date of P's arrival. In addition, D agreed to have materials to erect a barn and have a dwelling house ready. P left Kentucky and traveled to Texas over a 55-day period. After they arrived, there was no material for the barn or a dwelling house and D refused P the ability to cultivate the land. P claimed damages of $1,387.50. D demurred to the complaint under the statute of frauds. The demurrer was granted and P appealed.

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