Ned O. Gregerson and Dixie Gregerson V‪.‬

OAKS, Justice: This is the second appeal of a suit by buyers against sellers (both husbands and wives) for specific performance of a partially oral 1971 contract for the sale of a third of an acre of unimproved land in Gunnison. The facts are stated in our prior opinion, Gregerson v. Jensen, Utah, 617 P.2d 369 (1980). For purposes of this appeal, it is sufficient to repeat that after visiting and measuring the land in question and shaking hands on their oral agreement of sale, Dr. Gregerson, a dentist who desired to establish an office in Gunnison, gave Mr. Jensen, a local resident, a check for $350, inscribed with the notation: "1/2 payment on land as agreed--other 1/2 paid when deed delivered." Jensen endorsed the check and deposited it in a bank account the held jointly with Mrs. Jensen.