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Under the common law, reliance is not grounds for enforcing a contract within the statute unless the reliance resulted in conferring a benefit.
It is the general rule that damages cannot be recovered for violation of a contract within the statute of frauds. Alabama Mineral Land Co. v. Jackson, 121 Ala. 172, 25 So. 709, 25 So. 709, 77 Am. St. Rep., 464; Dunphy v. Ryan, 116 U.S. 491, 6 S. Ct. 486, 29 L. Ed. 703; Franklin v. Matoa Gold Mining Co., 158 F. 941, 86 C.C.A. 145, 16 L. R. A. (N. S.), 381, 14 Am. & Eng. Ann. Cas., 302.
To this general rule there are certain well recognized exceptions. Thus, in Speers v. Sewell, 4 Bush 239; Myles v. Myles, 6 Bush 237; Usher v. Flood, 83 Ky. 552; Thomas v. Feese, 21 Ky. L. Rep. 206, 51 S.W. 150; Story v. Story, 61 S.W. 279, 22 Ky. L. Rep. 1731; Doty v. Doty, 118 Ky. 204, 80 S.W. 803, 26 Ky, L. Rep., 63, 2 L. R. A. (N. S.), 713; and in a number of other cases, it has been held that where services have been rendered ...
