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Whether the acts of part performance are unequivocally referable to the vendor-vendee relationship under the oral contract is in this case a question of fact for the trier of fact. See, Seitz v. Sitze, 215 Minn. 452, 10 N.W. (2d) 426; Ritchie v. Jennings, 181 Minn. 458, 233 N.W. 20; Place v. Johnson, 20 Minn. 198 (219). 


 See Burns v. McCormick, 233 N.Y. 230, 135 N.E. 273, 273 (1922) ('Not every act of part performance will move a court of equity, though legal remedies are inadequate, to enforce an oral agreement affecting rights in land. There must be performance `unequivocally referable' to the agreement, performance which alone and without the aid of words of promise is unintelligible or at least extraordinary unless as an incident of ownership, assured, if not existing.'); Woolley v. Stewart, 222 N.Y. 347, 118 N.E. 847, 848 (1918) ('An act which admits of explanation without reference to the alleged oral contract or a contract of the same general nature and purpose is not, in general, admitted to constitute a part performance.'), quoted with approval in Alvarez, 72 N.M. at 342, 383 P.2d at 585. 


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