This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
The wording of this clause of the statute shows the legislative intention to include contracts of every sort which affect the title to realty or any interest therein. Accordingly a discussion of this clause necessarily involves two general topics: First, what are included in the words "lands, tenements or hereditaments or any interest in or concerning them"; and, second, what contracts affect such interests so as to come within this clause of the statute.
In discussing the wording of this clause it is generally assumed that words "contract or sale" are misused for "contract for the sale." It is dangerous to construe a statute on the theory that the legislature misused language. The statute of frauds was passed in England after much consideration, and the clause in question has been adopted by the legislatures of many states in the exact words of the English statute. The construction of this section includes releases, creation of liens and contracts for the possession of realty within the meaning of "contract or sale." It may at least be open to conjecture whether so broad a scope would at the outset have been given to the words "contract for the sale."
288; 66 Pac. 280; Hannon v. Houni-han, 85 Va. 429; 12 S. E. 157.
6 Lloyd v. Fulton, 91 U. S. 479; Peek v. Peek, 77 Cal. 106; 11 Am. St. Rep. 244; 1 L. R. A. 185; 19 Pac. 227; Moore v. Allen, 26 Colo. 197; 77 Am. St. Rep. 255; 57 Pac. 698; McAnnulty v. McAnnulty, 120 111.
26; 60 Am. Rep. 552; 11 N. E. 397; Brenner v. Brenner, 48 Ind. 262; White v. Bigelow, 154 Mass. 593; 28 N. E. 904; Chase v. Fitz, 132 Mass. 359; Manning v. Riley. 52 X. J. Eq. 39; 27 Atl. 810; Henry v. Henry, 27 O. S. 121.
7 Brenner v. Brenner, 48 Ind. 262.