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A Treatise On The Construction Of The Statute Of Frauds | by Causten Browne



As in force in England and the United States.

TitleA Treatise On The Construction Of The Statute Of Frauds
AuthorCausten Browne
PublisherLittle, Brown, And Company
Year1895
Copyright1895, Causten Browne
AmazonA treatise on the construction of the Statute of frauds

By James A. Bailey, Jr., Counsellor At Law. With The Cooperation Of The Author.

-Preface To This Edition
In this edition, about nineteen hundred cases, decided since the publication of the last edition, have been added, and the whole text has been carefully revised. In order to make room for the new matt...
-Preface To The First Edition
It can scarcely be necessary to offer any apology for the appearance of what professes to be a practical treatise upon the Statute of Frauds. Perhaps it is not too much to say that there is no subject...
-Introduction
The title of the statute which forms the subject of this work states it to be An Act for Prevention of Frauds and Perjuries. In the recital, however, its object is expressed somewhat differently, as...
-Part I. The Creation And Transfer Of Estates In Land. The First Three Sections; Being Such As Affect The Creation And Transfer Of Estates In Land
Section 1. All leases, estates, interests of freehold or terms of years, or any uncertain interest of, in, or out of any messuages, manors, lands, tenements, or hereditaments, made or created by liver...
-Chapter I. Formalities For Conveying Estates In Land
1. The Statute of Frauds found the law of England in regard to the alienation of corporeal interests in land in a singularly unsettled condition. The ancient investitura propria, or actual deli...
-Formalities For Conveying Estates In Land. Part 2
6. The next question to be considered is, what changes the statute made in the formalities required for the transfer of estates in land; and, in answering it satisfactorily, we are met by no li...
-Formalities For Conveying Estates In Land. Part 3
8. In the third section of the statute, relating to the assignment, grant, or surrender of an existing term or estate, the distinction is plainly marked between a deed and a note in writing; th...
-Formalities For Conveying Estates In Land. Part 4
2 Aveline v. Whisson, 4 Man. & G. 801. 3 Cherry v. Hemming, 4 Exch. 631. 10. Assuming, however, that the statute does require a signature to a conveyance of an interest in land, the important ...
-Formalities For Conveying Estates In Land. Part 5
1 Wallace v. McCollough, 1 Rich. Eq. 426; and see Rockford, etc, R. R. Co. v. Shunick, 65 111. 223. 2 Gardner v. Gardner, 5 Cush. 483. See Bigler v. Baker, 58 N. W. Rep. (Neb.) 1026. 3 Ball v. Dunst...
-Formalities For Conveying Estates In Land. Part 6
1 Jackson v. Titus, 2 Johns. (N. Y.) 430. 2 Frost v. Deering, 21 Me. 156; Mut. Benefit Ins. Co. v. Brown, 30 N. J. Eq. 193; Allen v. Withrow, 110 U. S. 119. See Jansen v. McCahill, 22 Cal. 563; Videa...
-Formalities For Conveying Estates In Land. Part 7
1 In a case in North Carolina, Shamburger v. Kennedy, 1 Dev. 1, it was said that an authority by parol would not be sufficient, because titles to land must be evidenced by written conveyances. This is...
-Chapter II. Leases Covered By The Statute
18. The first section of the English Statute of Frauds is sufficiently comprehensive in its language to embrace the creation of all possible estates in land, from the greatest to the least. But...
-Leases Covered By The Statute. Part 2
5 Inman v. Stamp, 1 Stark. 12; Edge v. Strafford, 1 Cromp. & J. 391; Porter v. Merrill, 124 Mass. 534. 21. By far the most important questions, however, as to the essential features of a lease...
-Leases Covered By The Statute. Part 3
Lee, C. J. If this be a lease, as it is argued, it is within the statute, and void for not being in writing. No answer as yet is given to the case in Popham, where the stacking of hay, which is simila...
-Leases Covered By The Statute. Part 4
1 Wood v. Leadbitter, 13 Mees.. & W. 838; affirmed in Ruffey v. Henderson, 21 L. J. (Q. B.) 49. And see McCrea v. Marsh, 12 Gray (Mass.) 211; Burton v. Scherpf, 1 Allen (Mass.) 133. Purcell v. Daly, 1...
-Leases Covered By The Statute. Part 5
2 Dyer v. Sanford, 9 Met. (Mass.) 402. 3 Curtis v. Noonan, 10 Allen (Mass.) 406. 28. We have seen that licenses to do acts of a temporary or transient nature upon the grantor's land confer no...
-Chapter III. Leases Excepted From The Statute
32. The second section of the statute, which saves certain descriptions of short leases from its operation, does not seem to have been precisely presented for consideration in any English case,...
-Leases Excepted From The Statute. Part 2
1 Cody v. Quarterman, 12 Ga. 386. In Scotland, leases of land exceeding the term of a year, are not effectual unless in writing and followed by possession. 1 Bell's Com. 20. 2 Birckhead v. Cummins, 3...
-Leases Excepted From The Statute. Part 3
1 Legg v. Strudwick, 2 Salk. 414; Birch v. Wright, 1 T. R. 378; Raynor v. Drew, 72 Cal. 307. See also Pugsley v. Aiken, 11 N. Y. 494; Fox v. Nathan, 32 Conn. 348. 2 Plowd. 373; Bro. Tit. Leases, 49 ...
-Leases Excepted From The Statute. Part 4
1 Camden v. Batterbury, 5 C. B. n. s. 817; Braythwayte v. Hitchcock, 10 Mees. & W. 497; Anderson v. Prindle, 23 Wend. (N. Y.) 619; Barlow v. Wainwright, 22 Vt. 88; People v. Darling, 47 N. Y. 666; Cre...
-Chapter IV. Assignment Amd Surrender
41. As the first section of the Statute of Frauds prescribes certain formalities in the creation of interests in land, the third section is directed to the assignment, grant, or surrender of th...
-Assignment Amd Surrender. Part 2
1 Magennis v. MacCollogh, Gilb. Cas. 235. 2 Bolton v. Bishop of Carlisle, 2 H. Bl. 259; Walker v. Richardson, 2 Mees. & W. 882; Roe v. Abp. of York, 6 East, 86; Doe v. Thomas, 9 Barn. & C. 288; Rowan...
-Assignment Amd Surrender. Part 3
1 Whitehead v. Clifford, 5 Taunt. 518. 2 Doe v. Ridout, 5 Taunt. 519. 3 Thomson v. Wilson. 2 Stark. 379. Lord Ellenborough said, in the course of his opinion, that he could not distinguish this case...
-Assignment Amd Surrender. Part 4
1 Allen v. Jaquish, 21 Wend. 635. See Shep. Touch. 307; Woodf. Land. & T. 141; Coupland v. Maynard, 12 East, 134; Allen v. Devlin, 6 Bosw. (N. Y.) 1. 2 Lyon v. Reed, 13 Mees. & W. 285. 3 Davison v. ...
-Assignment Amd Surrender. Part 5
52. Lastly, it is to be observed that the estate, whatever it is, the acceptance of which is to work a surrender of a previous tenancy, must take effect before the previous tenancy expires.2 Wh...
-Assignment Amd Surrender. Part 6
1 Nickells v. Atherstone, 10 Q. B. 944. 2 Bees v. Williams, 2 Crorap. M. & R. 581. 3 Reeve v. Bird, 1 Cromp. M. & R. 31. 4 Schieffelin v. Carpenter, 15 Wend. (N. Y.) 400. Where the assignee of a te...
-Chapter V. Conveyances By Operation Of Law, Etc
58. In the present chapter, which closes our consideration of the three first sections of the statute, it is proposed to inquire how far, if at all, an estate in land may be still created or tr...
-Conveyances By Operation Of Law, Etc. Part 2
1 Farrar v. Farrar, Tomson v. Ward, and Mallory v. Stodder, just cited. See also Trull v. Skinner, 17 Pick. (Mass.) 213; where cancelling a deed of defeasance by agreement was held to make the estate ...
-Conveyances By Operation Of Law, Etc. Part 3
1 Coming, ex parte, 9 Ves. 115; Lloyd v. Attwood, 3 De G. & J. 614. 2 Ex parte Broderick, 18 Q. B. D. 766. 3 Wetherell, ex parte, 11 Ves. 401. 4 Pearse, ex parte, Buck, 525. 5 Arkwrignt. ex parte, ...
-Conveyances By Operation Of Law, Etc. Part 4
9 Meador v. Meador, 3 Heiskell, 562. 10 Probasco v. Johnson, 2 Disney, 96. 11 Lehman v. Collins, 69 Ala. 127. 12 Vanmeter r. McFaddin. 8 B. Mon. 435. 13 Bicknell p. BicWH, 31 Vt. 498. 14 Gothard v...
-Conveyances By Operation Of Law, Etc. Part 5
67. The most common of those cases in which the verbal agreements of the parties, attended by certain acts in pais, are sometimes said to transfer the title to land, are verbal partitions and v...
-Conveyances By Operation Of Law, Etc. Part 6
4 Porter v. Perkins, 5 Mass. 233; Porter v. Hill, 9 Mass. 34; Watson v. Kelly, 1 Harr. (N. J.) 517; Woodhull v. Longstreet, 3 Harr. (X. J.) 405; Richman v. Baldwin, 1 Zab. (N. J.) 395; Lloyd v. Conove...
-Conveyances By Operation Of Law, Etc. Part 7
75. Where the proprietors of adjoining lands have agreed by parol upon a line for the settlement of a disputed boundary between their estates, and taken possession accordingly, such agreement a...
-Part II. Declarations Of Trusts. Declarations Of Trusts, As Affected By The 7th, 8th, And 9th Sections Of The Statute Of Frauds
Section 7. All declarations or creations of trusts or confidences, of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled t...
-Chapter VI. Trusts Implied By Law
79. It seems to be essential to our obtaining a clear understanding of the policy and spirit of this part of the Statute of Frauds, which concerns the proof of trusts in real estate, that we fi...
-Trusts Implied By Law. Part 2
1 The same principle applies to Delaware, which was part of Pennsylvania. Hall v. Livingston, 3 Del. Ch. 348. 2 A very full and clear discussion of the Pennsylvania cases on this subject will be foun...
-Trusts Implied By Law. Part 3
1 Voorhees v. Presbyterian Church of Amsterdam, 8 Barb. 135; reversed, 17 Barb. 103. See Adlington v. Cann, 3 Atk. 141; Muckleston v. Brown, 6 Yes. 52; Stickland v. Aldridge, 9 Ves. 516. 2 Hills v. E...
-Trusts Implied By Law. Part 4
1 Sweet v. Jacocks, 6 Paige (N. Y.) Ch. 355. 2 Dwinel v. Veazie, 36 Me. 509; Depeyster v. Gould, 2 Green (N. J.) Ch. 474; Taliaferro v. Taliaferro, 6 Ala. 404. In this and the next preceding class of...
-Trusts Implied By Law. Part 5
1 Roberts on Frauds, 100. 2 Kirk v Webb, Prec. Ch. 84; Deg v. Deg, 2 P. Wms. 412; Young v. Peachy, 2 Atk. 254. 3 Willis v. Willis, 2 Atk. 71; Ryall v. Ryall, 1 Atk. 59; Finch v. Finch, 15 Ves. 43; S...
-Trusts Implied By Law. Part 6
94 a. The breach of an agreement to make a written declaration of the proposed trust is not enough to create a trust ex maleficio4 although this, in connection with the other circumstances in t...
-Trusts Implied By Law. Part 7
2 Story Eq. Jur. 1201 a. See Perry Trusts, 135; Burden v. Sheridan, 36 Iowa, 125; Miazza v. Yerger, 53 Miss. 135; Nestal v. Schmid, 29 N. J. Eq. 458. See Watson v. Erb, 33 Ohio St. 35; B...
-Chapter VII. Express Trusts
97. We come now to consider the formalities which are required by the Statute of Frauds in cases of express trusts of lands, tenements, or hereditaments. These are, that the declaration or crea...
-Express Trusts. Part 2
1 Jackson v. Moore, 6 Cowen (N. Y.) 706. 2 Ambrose v. Ambrose, 1 P. Wms. 321; Wilson v. Dent, 3 Sim. 383. 3 Gardner v. Rowe, 2 Sim. & S. 346. 4 Price v. Brown, 4 S. C. 144. See Smith v. Howell, 3 S...
-Express Trusts. Part 3
1 Hampton v. Spencer, 2 Vera. 288. 103. Another class of cases in which the answer of a defendant in chancery is made to prove a trust, may, for the sake of completing our examination of this ...
-Express Trusts. Part 4
105. The language of the statute in the seventh section is, Some writing signed, etc., and it is decided that the writing is not required to be sealed.1 In regard to the memorandum in these c...
-Express Trusts. Part 5
1 Forster v. Hale, 3 Ves. Jr. 696; Burke v. Wilber, 42 Mich. 327. See Renz v. Stoll, 94 Mich. 377. 2 Steere r. Steere, 5 Johns. (N. Y.) Ch. 1. 3 Rutledge v. Smith, 1 McCord (S. C.) Ch. 119. ...
-Express Trusts. Part 6
1 Steere v. Steere, 5 Johns. (N. Y.) Ch. 1. 1 Leman v. Whitley, 4 Russ. 426, 427. See Gallagher v. Mars, 50 Cal. 23. 2 Cook v. Barr, 44 N. Y. 156. But see Kingsbury v. Burnside, 58 111. 336. In the ...
-Express Trusts. Part 7
It may be sufficient to remark, in reference to the writing required by the seventh section in cases of trusts, that all the compensation. He proceeds, p. 289: In the next place, as to the agency. I...
-Express Trusts. Part 8
113. It should also be observed, before passing from this branch of our subject, that the principles upon which courts of equity, under peculiar circumstances, decree the specific execution of ...
-Part III. Of Contracts. Of Contracts, As Affected By The Fourth And Seventeenth Sections Of The Statute Of Frauds
Section 4. No action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate; 2, or whereby to charge the defendant upon any ...
-Chapter VIII. Verbal Contracts, How Par Valid
114. We come now to consider the Statute of Frauds in its application to contracts; a branch of the subject of superior importance, and upon which the decisions of the courts of both countries ...
-Verbal Contracts, How Par Valid. Part 2
1 Lord Bolton v. Tomlin, 5 Ad. & E. 856. 2 Crane v. Gough, 4 Md. 316; Andrews v. Jones, 10 Ala. 400; Craig v. Vanpelt, 3 J. J. Marsh. (Ky.) 489; Watrous v. Chalker, 7 Conn. 224; Pawle v. Gunn, 4 Bing...
-Verbal Contracts, How Par Valid. Part 3
1 Cocking v. Ward, 1 C. B. 858. 2 See Pulbrook v. Lawes, 1 Q. B. D. 290; also Hooker v. Knab, 26 Wisc. 511, deciding that a duty arising from a promise covered by the statute cannot be enforced by vi...
-Verbal Contracts, How Par Valid. Part 4
3 Hawley v. Moody, 24 Vt. 603. See Nugent v. Teachout, 67 Mich. 571. 118 a. The rule that where one person pays money or performs services for another upon a contract void under the Statute of...
-Verbal Contracts, How Par Valid. Part 5
Cravens, 1 Head (Tenn.) 108. See Masson v. Swan, 6 Tenn. 450; Dow-ling v. McKenney, 124 Mass. 478. See also on this subject, Chap. XIX., post. But if a bill be filed for the specific execution of an a...
-Verbal Contracts, How Par Valid. Part 6
1 Gillespie v. Battle, 15 Ala. 276; Curnutt v. Roberts, 11 B. Mon. (Ky.) 42; Ott v. Garland, 7 Mo. 28; McMurray's Appeal, 101 Pa. St. 421. But see Bates v. Terrell, 7 Ala. 129. 2 Johnson v. Hanson, 6...
-Verbal Contracts, How Par Valid. Part 7
123. Courts of equity, also, refuse to extend their aid to rescind a contract, merely because it is verbal, at the suit of one party, where the other party is not in default.4 And a mere violat...
-Verbal Contracts, How Par Valid. Part 8
128. Before passing from the consideration of the rights and liabilities of parties after execution in whole or in part, to which the previous sections of this chapter have been chiefly devoted...
-Verbal Contracts, How Par Valid. Part 9
2 Dawson v. Ellis, 1 Jac. & W. 524; Jackson v. Bull, 2 Caines (N. Y.) Cas. 301,per Kent, J.; Lucas v. Mitchell, 8 A. K. Marsh. (Ky.) 244. 131. Although, as has now been shown, a verbal contrac...
-Verbal Contracts, How Par Valid. Part 10
1 Payson v. West, Walker (Miss.) 515; Sennett v. Johnson, 9 Pa. St. 335; Lenheim v. Fay, 27 Mich. 70; Persifull v. Boreing, 22 S. W. Rep. (Ky.) 440; Dunphy v. Ryan, 116 U. S. 495; Ryan v. Dunphy, 4 Mo...
-Verbal Contracts, How Par Valid. Part 11
1 Aicardi v. Craig, 42 Ala. 311; Crawford v. Woods, 6 Bush (Ky.) 200. 2 Dung v. Parker, 52 N. Y. 494. 3 Baltzen v. Nicolay, 53 N. Y. 467. 135 b. A witness may be convicted of perjury in fals...
-Verbal Contracts, How Par Valid. Part 12
137 a. It seems that where the violation by the servant of a contract for service is made punishable under a criminal statute, such statute should be held not to apply, unless the contract was ...
-Verbal Contracts, How Par Valid. Part 13
138/. Cases where the rights or liabilities of third parties depend upon the question of title passing by the verbal contract without satisfaction of the statute present more difficulty. In Mor...
-Verbal Contracts, How Par Valid. Part 14
2 Hicks v. Cleveland, 48 N. Y. 84. 3 Young v. Blaisdell, 60 Me. 272. 4 Summerall v. Thorns, 3 Fla. 298. 5 Mahan v. United States, 16 Wall. 143. 138 h. In opposition to the commanding current...
-Chapter IX. Contracts In Part Within The Statute
139. In the present chapter will be briefly considered, how far a promise embracing several executory stipulations is affected by the circumstance that one or more of those stipulations are not...
-Contracts In Part Within The Statute. Part 2
3 Biddell v. Leeder, 1 Barn. & C. 327. 4 McMullen v. Riley, 6 Gray, 500. An agreement to convey land, coupled with a guaranty that a certain parcel of it should contain a certain number of acres, has...
-Contracts In Part Within The Statute. Part 3
148. But the true import of those and the other early English cases was defined in the case of Wood v. Benson, decided in the Court of Exchequer in 1831. That was assumpsit on the following gua...
-Chapter X. Guaranties
153. In the fourth section of the Statute of Frauds, special promises by executors or administrators to answer damages out of their own estates appear to be spoken of as one class of that large...
-Guaranties. Part 2
3 135, et seq. 4 Dexter v. Blanchard, 11 Allen (Mass.) 365; Downey v. Hinchman, 25 Ind. 453; Clark v. Levi, 10 N. Y. Leg. Obs. 1S4; King v. Summit, 73 Ind. 312. The cases of Harris v. Hu...
-Guaranties. Part 3
1 See post, 197. 2 Redhead v. Cator, 1 Stark. 12; Whitcomb v. Kephart, 50 Pa. St. 85. 3 Chapin v. Lapham, 20 Pick. 467, per Shaw, C. J. But see the remarks of the same judge in Alger v. Scovil...
-Guaranties. Part 4
4 See Barry v. Ransom, 12 N. Y. 462; Apgar v. Hiler, 24 N. J. L. 812; Ferrell v. Maxwell, 28 Ohio St. 383 In the report of Green v. Creswell, in 4 Jurist, 169, the judges are stated to have themselves...
-Guaranties. Part 5
5 Apgar v. Hiler, 24 N. J. L. 812; Cortelyon v. Hoagland, 40 N. J. Eq. 1. 6 Jones v. Shorter, 1 Kelly 294. 7 Dunn v. West, 5 B. Mon. 376; Lucas v. Chamberlain, 8 B. Mon. 276; Jones v. Letcher, 13 B....
-Guaranties. Part 6
163. It was once held that if a verbal guaranty was prospective, that is, to answer for a debt, default, or miscarriage not yet incurred or suffered, the statute did not apply; because, at the ...
-Guaranties. Part 7
2 Orrell v. Coppock, 26 L. J. Ch. 269. 3 Fish v. Thomas, 5 Gray (Mass.) 45. See Headrick v. Wiseheart, 57 Ind. 129. 4 Taylor v. Hillyer, 3 Blackf. (Ind.) 433; Wagnon v. Clay, 1 A. K. Marsh. (Ky.) 25...
-Guaranties. Part 8
166 a. Under this exception may be conveniently treated a class of cases of frequent occurrence, growing out of arrangements by which one man, usually in consideration of the transfer of proper...
-Guaranties. Part 9
App. 448; Bateman v. Butler, 124 Ind. 223; Mulcrone v. American Co., 55 Mich. 622; Estabrook v. Gebhart, 32 Ohio St. 415; Smart v. Smart, 97 N. Y. 559; Howell v. Field, 70 Ga. 592; Sapp v. Faircloth, ...
-Guaranties. Part 10
1 This doctrine will be found separately discussed hereafter, 207, et seq. 2 Farley v. Cleveland, 4 Cowen 432, afterwards affirmed by the Court for the Correction of Errors, but the repo...
-Guaranties. Part 11
2 2 Peters, 170, 182. 173. Having now seen that the promise of a guarantor, within the Statute of Frauds, must be a special or express promise, raising a liability which did not exist already,...
-Guaranties. Part 12
176. The case of D'Wolf v. Rabaud, decided by the in hand; but for the convenience of trade and commerce. Fides est servanda. An acceptance for the honor of the drawer shall bind the acceptor: ...
-Guaranties. Part 13
1 Thornton v. Williams, 71 Ala. 555. . 2 See Waterman v. Rossiter, 45 111. App. 155. 1 Towne v. Grover, 9 Pick. (Mass.) 306. And see Scott v. Thomas, 1 Scam. (111.) 58. 2 Marion v. Faxon, 20 Conn. ...
-Guaranties. Part 14
1 The word person was held to include a corporation in Bush v. Sprague, 51 Mich. 41. 2 Per Gurney, B., in Lyde v. Barnard, Tyrw. & G. 250. 3 9 Geo. TV. cap. 14, 6, commonly called Lord Tent...
-Guaranties. Part 15
2 First National Bank of Plattsburg v. Sowles, 46 Fed. Rep. 731; St. John v. Hendrickson, 81 Ind. 350. See Ball v. Farley, 81 Ala. 288; Medbury v. Watson, 6 Mete. (Mass.) 246; Kimball v. Comstock, 14 ...
-Guaranties. Part 16
1 Hamar v. Alexander, 2 Bos. & P. n. r. 244. 186. The special promise intended by the statute is, in the next place, such as raises an obligation to pay out of the promisor's own estate. That ...
-Guaranties. Part 17
1 Wyman v. Smith, 2 Sandf. (N. Y.) 331; Hitchcock v. Lukens, 8 Porter (Ala.) 333; Andrews v. Smith, Tyrw. & G. 173; Loomis v. New-hall, 15 Pick. (Mass.) 159; Todd v. Tobey, 29 Me. 219; Stephens v. Pel...
-Guaranties. Part 18
265; Whitesell v. Heiney, 58 Ind. 108; Comstock v. Morton, 36 Mich. 277; Randall v. Kelsey, 46 Vt. 157; Pratt v. Bates, 40 Mich. 37; Oli-phant v. Patterson, 56 Pa. St. 368; Pike v. Brown, 7 Cush. 136;...
-Guaranties. Part 19
1 Fish v. Hutchinson, 2 Wife. 94; Chater v. Beckett, 7 T. R. 201; Wain v Warlters, 5 East 10; D'Wolf v. Rabaud, 1 Pet. (U. S.) 476; Sears v. Brink, 3 Johns. (N. Y.) 210; Gillighan v. Boardman, 29 Me. ...
-Guaranties. Part 20
1 Ex parte Lane, 1 De Gex 300. See Corbin v. McOhesney, 26 111. 231 2 Lane p. Burghart, 1 Q. B. 933; Goodman v Chase, 1 Barn. & Ald. 297. So where the consideration is only a promise to discharge; a ...
-Guaranties. Part 21
' Roberts on Frauds, 216; Tileston v. Nettleton, 6 Pick. (Mass.) 509; Doyle v. White, 26 Me. 341; Arbuckle v. Hawks, 20 Vt. 538; Antonio v. Clissey, 8 Rich. (S. C.) Law 201; Brown v. Curtiss, 2 N. Y. ...
-Guaranties. Part 22
1 Fish v. Hutchinson, 2 Wils. 94; Curtis v. Brown, 5 Cush. (Mass.) 488; Walker v. Hill, 119 Mass. 249; Minto v. McKnight, 28 111. App. Ct. 239; Home National Bank v. Waterman, 30 111. App. Ct. 535. 2...
-Guaranties. Part 23
3 Loomis v. Smith, 17 Conn. 115. 4 Elder v. Warfield, 7 Harr. & J. (Md.) 397. 5 Keate v. Temple, 1 Bos. & P. 158. See, further, on this subject, Simpson v. Penton, 2 Cromp. & M. 430; Payne v. Baldwin...
-Guaranties. Part 24
1 Burr v. Wilcox, 13 Allen (Mass.) 269; Fish v. Thomas, 5 Gray (Mass.) 45; Fitzgerald v. Dressier, 7 C. B. n. s. 374; Wills v. Brown, 118 Mass. 137; Young v. French, 35 Wisc. 1ll; Mitchell v. Griffin,...
-Guaranties. Part 25
1 Castling v. Aubert, 2 East 325. The case of Walker v. Taylor, decided by Chief Justice Tindal at nisi prius in 1834, presents a state of facts precisely analogous to those in the principal case, and...
-Guaranties. Part 26
1 Per Shaw, C. J., in Curtis v. Brown, 5 Cush. 491. And see Nelson v. Boynton, 3 Met. (Mass.) 390; Alger v. Scoville, 1 Gray (Mass.) 398; Fish v. Thomas, 5 Gray (Mass ) 45; Dexter v. Blaucbard, 11 All...
-Guaranties. Part 27
177. In 1 Wms. Saund. 211 b, a note to Forth v. Stanton, it is suggested that Houlditch v. Milne may be reconciled with the other cases, because it appears upon all the circumstances of the case that ...
-Guaranties. Part 28
1 Bampton v. Paulin, 4 Bing. 264. 210. The next of the leading English cases to which it is deemed necessary to call particular attention, in connection with this branch of the subject, is one...
-Guaranties. Part 29
1 It is necessary to remark, in regard to Mr. Roberts's account of this case (Roberts on Frauds, 226), that he omits in his statement of it the cardinal fact that the debts were assigned to Weston. Th...
-Guaranties. Part 30
Barker v. Bucklin, 2 Demo (N. Y.) 45; Chitty on Contracts, 450; Lamp-son v. Hobart, 28 Vt. 697; Cross v. Richardson, 30 Vt. 641; Hassinger v. Newman, 83 Ind. 124; Birchell v. Neaster, 36 Ohio St. 331;...
-Guaranties. Part 31
1 Couturier v. Hastie, 8 Exch. 56. See this case commented upon by Wood, V. C, in Wickham v. Wickham, 2 Kay & J. 478; Sherwood v. Stone, 14 N. Y. 267. See Sutton v. Grey, L. R. 1 Q B. D. 1894, 285. 2...
-Guaranties. Part 32
214 b. The simplest illustration of it is in that class of cases where the defendant owes a third party, and the third party owes the plaintiff, and by agreement between the three parties the ...
-Guaranties. Part 33
1 Ante, 165-172, and cases there cited. Also M'Laren v. Hutchinson, 22 Cal. 187; Conner v. Williams, 2 Rob. (N. Y.) 46; Clymer v. De Young, 54 Pa. St. 118; Ford v. Finney, 35 Ga. 258; San...
-Guaranties. Part 34
1 Ante, 200 a-205, and 214 c; Small v. Schaefer, 24 Md. 143. 2 Ante, 212; Fullam v. Adams, 37 Vt. 391; Manle v. Bucknell, 50 Pa. St. 39; Kelsey v. Hibbs, 13 Ohio St. 340; D...
-Chapter XI. Agreements In Consideration Op Marriage
215. This section of the statute has been most frequently applied to what are commonly known as marriage settlements; and it is settled that any promise, made since the enactment of the ...
-Agreements In Consideration Op Marriage. Part 2
2 Dugan v. Gittings, 3 Gill 138. But see Brown v. Conger, 8 Hun (N. Y.) 625. 3 Greene v. Cramer, 2 Con. & L. 54. 4 Luders v. Anstey, 4 Ves. 501. Ayliffe v. Tracy, a father had written a letter to hi...
-Agreements In Consideration Op Marriage. Part 3
1 Randall v. Morgan, 12 Ves. 67. 2 Douglas v. Vincent, 2 Vern. 202. But compare Wanchford v. Foth-erley, Freem. Ch. 201. 3 Marr. Sett. 84. 221. In a case in Virginia, the question arose as to...
-Chapter XII. Contracts For Land
225. Of the various topics embraced by the provisions of the Statute of Frauds, nothing seems to have attracted such anxious attention on the part of its framers as the whole class of ...
-Contracts For Land. Part 2
1 Wilson v. Clarke, 1 Watts & S. 554; McDowell v. Oyer, 21 Pa. St. 417; Moore v. Small, 19 Pa. St. 461; Ellet v. Paxson, 2 Watts & S. 418. 2 Herzog v. Herzog, 34 Pa. St. 418, explaining Jack v. McKee...
-Contracts For Land. Part 3
1 Smith v. Burnham, 3 Sumn. 435; Hughes v. Moore, 7 Cranch (U. S.) 176; Simms v. Killian, 12 Ired. (N. C.) 252; Toppin v. Lomas, and title.1 It has been held, however, that an equity of redemption may...
-Contracts For Land. Part 4
2 Mellon v. Read, 123 Pa. St. 1. 3 Buttemere v. Hayes, 5 Mees. & W. 455. See Smith v. Tombs, 3 Jur. 72; Smart v. Harding, 15 C. B. 652. 4 Howard v. Easton, 7 Johns. 205. which was afterwards quoted ...
-Contracts For Land. Part 5
1 Frear v. Hardenbergh, 5 Johns. 272, and the following cases: Benedict v. Beebe, 11 Johns. 145; Mitchell v. Bush, 7 Cow. 185; Lower v. Winters, 7 Cow. 263; Howard v. Easton, 7 Johns. 205. A subscript...
-Contracts For Land. Part 6
1 Citing Noble v. Bosworth, 19 Pick. (Mass ) 314. 2 Rudisill v. Cross, 54 Ark. 519; Walker v Shackelford, 49 Ark. 563. 1 The seventeenth section. See post, Chap. XIV. 2 Warren v. Leland, 2 Barb. (N...
-Contracts For Land. Part 7
1 Warwick v. Bruce, 2 Maule & S. 208. 241. In this case just quoted (the great importance of which seems to justify the extensive quotations which have been made from it) frequent allusion is ...
-Contracts For Land. Part 8
1 Sainsbury v. Matthews, 4 Mees. & W. 343. 2 Post, 255-257. 1 See this case referred to as bearing on the construction of the statute as it regards leases, ante, 18. 2 Ante, Chap....
-Contracts For Land. Part 9
1 Ante, 21 et scq., in regard to licenses which amount to leases, Huff v. McCauley, 53 Pa. St. 206. 2 Ante, 241. 3 Ante, 239. * Ante, 240. 4 Ante. 243. And se...
-Contracts For Land. Part 10
1 Ante, 240. 2 Scorell v. Boxall, 1 Young & J. 398. See the remarks of Wilde, J., on this case, in Claflin v. Carpenter, 4 Met. (Mass.) 580. 1 Ante, 242. 2 Rodwell v. Phillips, 9 Mees...
-Contracts For Land. Part 11
253. That case is thus given by Lord Raymond. Treby, C. J., reported to the other justices that it was a question before him in a trial at nisi prius at Guildhall, whether the sale of timber ...
-Contracts For Land. Part 12
1 Per Coleridge, J., at page 38 of the Law Report. 254 c. The case is further noticeable, as deciding that the owner of the produce of land can, if he wishes, sell it as it stands, by an oral ...
-Contracts For Land. Part 13
1 Howe v. Batchelder, 49 N. H. 204; Kingsley v. Holbrook, 45 N. H. 313; Putney v. Day, 6 N. H. 430. 2 Green v. Armstrong, 1 Denio 550; Warren v. Leland, 2 Barb. 613. See Bank of Lansingburgh v. Crary...
-Contracts For Land. Part 14
1 See Sterling v. Baldwin, 42 Vt. 306. 3 Marshall v. Green, 1 C. P. D. 35, per Coleridge, J. 3 Roberts on Frauds, 126. 1 Wells v. Cowles, 2 Conn. 567. 2 Townsend v. Ash, 3 Atk. 336; Drybutter v. B...
-Contracts For Land. Part 15
1 Jeffereys v. Small, 1 Vern. 217; Jackson v. Jackson. 9 Ves. Jr. 591; Lake v. Craddock, 3 P. Wms. 158; Elliott v. Brown, 3 Swanst. 489, note (another report of which is alluded to by Lord Eldon in Ja...
-Contracts For Land. Part 16
1 Caddick v. Skidmore, 2 De Gex & J. 51. 2 Trowbridge v. Wetherbee, 11 Allen (Mass.) 361; Morrill v. Colebour, 82 111. 618; Coleman v. Eyre, 45 N. Y. 38; Newell v. Cochran, 41 Minn. 374; Everhart's A...
-Contracts For Land. Part 17
3 See opinion of Lowell, J., reported in 10 Chicago Legal News, 395, in. re Farmer, ex parte Griffin, cited 259, supra. And see Rowland v. Boozer, 10 Ala. 694; Case v. Seger, 4 Wash. 492. 4 Li...
-Contracts For Land. Part 18
265. The distinction in favor of what are called judicial sales appears to have been first made by Lord Hardwicke in the case of the Attorney-General v. Day. There, the Master in Chancery ...
-Contracts For Land. Part 19
1 Ledford v. Ferrell, 12 Tred. (N. C.) 285; Trammel] v. Trammell, 11 Rich. (S. C.) Law, 471; Yates v. Martin, 1 Chand. (Wisc.) 118; Lawrence v. Chase, 54 Me. 196; Sands v. Thompson, 43 Tnd. 18. So wit...
-Contracts For Land. Part 20
269 a. Parol reservations, by which it is attempted to except from the operation of a deed some interest in the realty conveyed by it, are inoperative by the Statute of Frauds.4 270. ...
-Chapter XIII. Agreements Not To Be Performed In A Year
272. In that clause of the Statute of Frauds which we have now to consider, we perceive still another restriction placed upon the formation of binding contracts by mere verbal understanding. ...
-Agreements Not To Be Performed In A Year. Part 2
3 Wells v. Horton, 4 Bing. 40. 4 Thompson v. Gordon, 3 Strobh. (S. C) Law, 196; King v. Hanna, 9 B. Mon. (Ky.) 369; Frost v. Tarr, 53 Ind. 390; Riddle v. Backus, 38 Iowa, 81; Sword v. Keith, 31 Mich....
-Agreements Not To Be Performed In A Year. Part 3
277. Agreements to refrain altogether from certain acts are also held not to be within the statute; such as an agreement not thereafter to engage in the staging or livery business in a certain ...
-Agreements Not To Be Performed In A Year. Part 4
Mann, 85 111. 222; Duff v. Snider, 54 Miss. 245; Thomas v. Hammond, 47 Tex. 42. So it was held that an agreement to labor for a year was not within the statute; for the plaintiff might tender his serv...
-Agreements Not To Be Performed In A Year. Part 5
281. Where the manifest intent and understanding of the parties, as gathered from the words used and the circumstances existing at the time, are that the contract shall not be executed within ...
-Agreements Not To Be Performed In A Year. Part 6
1 Observe the difference between this rule, and that stated in 278, where the agreement allowed a certain time, more than a year, for the doing of the thing promised, but did not require that i...
-Agreements Not To Be Performed In A Year. Part 7
1 Hill v. Hooper, 1 Gray (Mass.) 131. The case of Peters v. Westbor-ough, 19 Pick. (Mass.) 364, so far as it is contra, appears to be not law. In Farrington v. Donohoe, Irish Rep. 1 C. L. 679, the agr...
-Agreements Not To Be Performed In A Year. Part 8
1 Mavor v. Pyne, 3 Bing. 285. See ante, 282, in regard to cases where a sum of money is agreed to be paid in less than semi-annual instalments. And see Winters v. Cherry, 78 Mo. 344. 2 Boydell...
-Agreements Not To Be Performed In A Year. Part 9
7 Duff v. Snider, 54 Miss. 245. and Ohio.1 In New York, on the other hand, the Supreme Court have expressed very strong dissatisfaction with it, and with great force of reasoning.2 1 Reinheimer v. C...
-Agreements Not To Be Performed In A Year. Part 10
But to say that this takes the whole agreement out of the operation of the statute, is virtually disregarding both its terms and all the beneficial objects of its adoption. It is the contract sued up...
-Agreements Not To Be Performed In A Year. Part 11
Judgment reversed and case remanded. Pierce v. Paine's Estate, 28 Vt. 34. See also the remarks of the court upon Donellan v. Read, in Wilson v. Ray, 13 Ind. 1. For another valuable opinion on this p...
-Agreements Not To Be Performed In A Year. Part 12
2 Sutcliffe v. Atlantic Mills, 13 R. I. 480. See also Ward v. Matthews, 73 Cal. 13, where the plaintiff sued for the possession of land of which he held the legal title, but the defendant (in possessi...
-Chapter XIV. Sales Of Goods, Etc
292. The form of the seventeenth section itself suggests a method which will probably be found convenient for its consideration; and that is, to examine in the first place the question, what ...
-Sales Of Goods, Etc. Part 2
293 b. An agreement to deliver goods, wares, or merchandise to the amount of, and in payment of, a pre-existing debt, has been held in Alabama 2 to be, and in New York 3 not to be, within the ...
-Sales Of Goods, Etc. Part 3
1 Pickering v. Appleby, 1 Comyns 354. 2 Colt v. Nettervill, 2 P. Wms. 304. 3 Mus8ell v. Cooke, Finch, Prec. Ch. 533; Crull v. Dodson, Sel. Cas. Ch. 41. 4 Duncuft v Albrecht, 12 Sim. 189; Humble v. ...
-Sales Of Goods, Etc. Part 4
1 Somerby v. Buntin, 118 Mass. 285. See Boardman v. Cutter, 128 Mass. 388. 1 Beers v. Crowell, Dudley 29. But see Walker v. Supple, 54 Ga. 178. 2 In Florida, the expression used to describe the subj...
-Sales Of Goods, Etc. Part 5
1 Towers v. Osborne, 1 Stra. 506. 2 Clayton v. Andrews, 4 Burr. 2101. 302. In the New York cases, this distinction between contracts for an article to be entirely manufactured and an article a...
-Sales Of Goods, Etc. Part 6
1 Smith v. Surman, 9 Bam. & C. 561. See also Northern v. State, 1 Ind. 112; Ellison v. Brigham, 38 Vt. 64; Hanson v. Roter, 64 Wisc. 622. 2 The same is true, as appears by several of the cases cited,...
-Sales Of Goods, Etc. Part 7
1 See also Eichelberger v. M'Cauley, 5 Harr. & J. (Md.) 213. 2 Spencer v. Cone, 1 Met. (Mass.) 283, affirming Mixer v. Howarth, 21 Pick. 205; Mattison v. Wescott, 13 Vt. 258; Allen v. Jarvis, 20 Conn...
-Sales Of Goods, Etc. Part 8
309 a. An important English case, involving the question of construction we have been considering under the seventeenth section, is Lee v. Griffin, in the Queen's Bench, in 1861.1 This was an ...
-Sales Of Goods, Etc. Part 9
1 Crookshank v. Burrell, 18 Johns. (N. Y.) 58. 2 Astey v. Emery, 4 Maule & S. 262. 3 Watts v. Friend, 10 Barn. & C. 446. See Bowman v. Conn, 8 Ind. 58; Brown v. Sanborn, 21 Minn. 402; Carpenter v. G...
-Chapter XV. Acceptance And Receipt
315. It has been repeatedly observed that the primary intention of the framers of the seventeenth section of the statute was, that contracts for the sale of goods, wares, and merchandise ...
-Acceptance And Receipt. Part 2
2 Reniick v. Sandford, 120 Mass. 309, 316. 3 See Knight v. Mann, 118 Mass. 143. 316 c. The definition above given of acceptance points to a connection existing between it and the passage of th...
-Acceptance And Receipt. Part 3
1 See also Gorham v. Fisher, 30 Vt. 428; Atherton v. Newhall, 123 Mass. 141; Knight v. Mann, 118 Mass. 143; Fitzsimmons v. Woodruff, 1 Thomp. & C. (N. Y.) 3. 2 Nicholson v. Bower, 1 El. & E. 172. 3 ...
-Acceptance And Receipt. Part 4
1 Curtis v. Pugh, 10 Q. B. 11. 2 Parker v. Wallis, 5 El. & B. 21. And see Remick v. Sandford, 120 Mass. 309. 3 See Quintard v. Bacon, 99 Mass. 185; Farina v. Home, 16 Mees. & W. 119. 4 See Mechanic...
-Acceptance And Receipt. Part 5
1 Wilkes v. Ferris, 5 Johns. (N. Y.) 335; Chappel v. Marvin, 2 Aik. (Vt.) 79. 319. The same doctrine applies where the property is not in the manual possession either of the seller or his bail...
-Acceptance And Receipt. Part 6
1 Bentall v. Burn, 3 Bam. & C. 423. 2 Simmonds v. Humble, 13 C. B. n. s. 262. See also Farina v. Home, 16 Mees. & W. 119; Godts v. Rose, 17 C. B. 229; Boardman v. Spooner, 13 Allen (Mass.) 353; Cushi...
-Acceptance And Receipt. Part 7
321 b. The application of this principle to the many reported cases of the sale of a specific thing, e. g., a horse, a jewel, or a piano, would seem to make the proof of the fact that the ...
-Acceptance And Receipt. Part 8
2 Rasch v. Bissell, 52 Mich. 455. See ante, 316 g-316 i. 3 Chaplin v. Rogers, 1 East 195. 4 Tempest v. Fitzgerald, 3 Barn. & Ald. 380. 324. In Elmore v. Stone, the constructive d...
-Acceptance And Receipt. Part 9
1 Taylor v. Wakefield, 6 El. & B. 7G5, especially the opinion of Cromp-ton, J. 2 Kent v. Huskinson, 3 Bos. & P. 233. 327. The acceptance and receipt which the statute requires may be inferred...
-Acceptance And Receipt. Part 10
343; Simmons Co. v. Mullen, 33 Minn. 195; Fontaine v. Bush, 40 Minn. 141; Smith v. Brennan. 62 Mich. 349; Hudson Furniture Co. v. Freed Furniture Co., 36 Pac. Rep. (Utah) 132. But see Liggett v. ...
-Acceptance And Receipt. Part 11
1 Hunt v. Hecht, 8 Exch. 814. See Coombs v. Bristol & Exeter Railway Co., 3 Hurlst. & N. 510; Simpson v. Krumdick, 28 Minn. 352; Roman v. Bressler, 32 Neb. 240. 331. In that case, one of the d...
-Acceptance And Receipt. Part 12
3 Bushel v. Wheeler, 15 Q. B. 442, note. 334. The statute requires proof of acceptance and actual receipt of a part only of the goods, and whether it be a small part or a large part is immater...
-Acceptance And Receipt. Part 13
1 Baldey v. Parker, 2 Barn. & C. 37; Elliott v. Thomas, 3 Mees. & W. 170 (in which Hodgson v. Le Bret, 1 Camp. 233, so far as it is opposed to the rule stated in the text, was declared to be no bindin...
-Acceptance And Receipt. Part 14
1 Field v. Runk, 22 N. J. L. 525. 2 Smith v. Milliken, 7 Lans. (N. Y.) 336. See Wilkinson's Administrator v. Wilkinson, 61 Vt. 409. 3 Walker v. Nussey, 16 Mees. & W. 302; Field v. Runk, 22 N. J. L. ...
-Chapter XVI. Earnest And Part-Payment
341. Besides the acceptance and receipt of part of the goods sold, the statute provides that the giving of something in earnest or in part-payment of the price shall also have the effect of ...
-Chapter XVII. The Form, Etc., Of The Memorandum
344. In considering the subject of writings and written evidence satisfying the statute, it is important to notice carefully the language of the statute in regard to them. The first section ...
-The Form, Etc., Of The Memorandum. Part 2
345 b. Apart from authority, and upon principle merely, it may well be questioned whether an offer in writing made before the contract can be evidence of the contract afterward made, if the ...
-The Form, Etc., Of The Memorandum. Part 3
Tallman v. Franklin, 14 N. Y. 584. See Wilkinson v. Evans, L. R. 1 C. P. 407; Ridgway v. Ingram, 50 Ind. 145; Commins v. Scott, L. R. 20 Eq. 11; Kronheim v. Johnson, 7 Ch. Div. 60; Wilstach v. Heyd, 1...
-The Form, Etc., Of The Memorandum. Part 4
1 Allen v. Bennet, 3 Taunt. 173; Louisville Co. v. Lorick, 29 S. C. 533; Kennedy v. Gramling, 33 S. C. 367. And see Long v. Millar, L. R. 4 C. P. D. 450. 2 See post, 357. 350. In a cas...
-The Form, Etc., Of The Memorandum. Part 5
351 a. It may be doubted whether the courts, so far as can be gathered from the decisions referred to in the preceding section, have not failed to discriminate in all cases between a written ...
-The Form, Etc., Of The Memorandum. Part 6
1 Buckmaster v. Harrop, 13 Ves. 456. And see Mews v. Carr, 1 Hurlst. & N. 484. Smith v. Arnold, 5 Mason, 414. 3 In Price v. Durin, 56 Barb. (N. Y.) 647, an auctioneer's sale-book in which the purcha...
-The Form, Etc., Of The Memorandum. Part 7
1 Moore v. Hart, 1 Vern. 110; Ayliffe v. Tracy, 2 P. Wms. 65; Owen v. Thomas, 3 Myl. & K. 353; Gibson v. Holland, L. R. 1 C. P. 1; Fugate v. Hansford, 3 Litt. (Ky.) 262; Moss v. Atkinson, 44 Cal. 3; S...
-The Form, Etc., Of The Memorandum. Part 8
1 Smith v. Evans, 1 Wils. 313. 2 Wright v. Wakeford, 17 Ves. 459. With submission, however, it may be said to be quite obvious that although sealing may not be precisely equivalent to, it may be some...
-The Form, Etc., Of The Memorandum. Part 9
2 Stokes v. Moore, 1 Cox 219; Hubert v. Turner, 4 Scott N. R 480, Cabot v. Haskins, 3 Pick. (Mass.) 95. Hut see Higdon v. Thomas, 1 Harr. & G. (Md.) 139; Coe v. Tough, 116 N. Y. 273. 3 Walker v. Walk...
-The Form, Etc., Of The Memorandum. Part 10
3 Ulen v. Kittredge, 7 Mass. 233. See also Underwood v. Hossack, 38 111. 208; Blacknall v. Parish, 6 Jones (ST. C.) Eq.70. From the manand stands directly opposed to that of the Supreme Court of New H...
-The Form, Etc., Of The Memorandum. Part 11
1 Bluck v. Gompertz, 7 Exch. 869, note. 2 Selby v. Selby, 3 Meriv. 2. 363. It has been often attempted to carry the point that where a memorandum is inserted by the plaintiff or his agent in t...
-The Form, Etc., Of The Memorandum. Part 12
1 Lawrenson v. Butler, 1 Schoales & L. 13, per Lord Redesdale. And see Armiger v. Clarke, Bunbury 111; Troughton v. Troughton, 1 Ves. Sr. 86; Parkhurst v. Van Cortlandt, 1 Johns (N. Y.) Ch. 273; Bened...
-The Form, Etc., Of The Memorandum. Part 13
1 Wright v. Dannah, 2 Camp. 203; Farebrother v. Simmons. 5 Barn. & Ald. 333; Rayner v. Linthorne, 2 Car. & P. 124; Bailey v Otfden, 3 Johns. (N. Y.) 399; Boardman v. Spooner, 13 Allen (Mass.) 353; Sha...
-The Form, Etc., Of The Memorandum. Part 14
1 Shaw v. Finney, 13 Met. (Mass.) 453. See Davis v. Shields, 26 Wend. (N. Y.) 341. 2 Simon v. Motivos or Metivier, 1 W. Bl. 599; 3 Burr. 1921; Hinde v. Whitehouse, 7 East 558; Coles v. Trecothick, 9 ...
-The Form, Etc., Of The Memorandum. Part 15
2 Coles v. Trecothick, 9 Ves. 250; Mortlock v. Buller, 10 Ves. 292; Clinan v. Cooke, 1 Schoales & L. 22; Graham v. Musson, 5 Bing. N. R. 603; Rucker v. Cammeyer, 1 Esp. 105; Wright v. Daunah, 2 Camp. ...
-Chapter XVIII. The Contents Of The Memorandum
371. Having in the last chapter inquired of what the memorandum required by the statute may or must consist, we come now to the question, what the memorandum must contain. Upon this the ...
-The Contents Of The Memorandum. Part 2
1 Champion v. Plummer, 1 Bos. & P. N. R. 252. See McElroy v. Seery, 61 Md. 389; Brown v. Whipple, 58 N. H. 229; Coombs v. Wilkes, L. R. 3 Ch. D. 1891, 77; Lincoln v. Erie Preserving Co., 132 Mass. 129...
-The Contents Of The Memorandum. Part 3
1 Ante, 350. 2 Harvey v. Stevens, 43 Vt. 653; Mann v. Higgins, 83 Cal. 66; Breckinridge v. Crocker, 78 Cal. 529. But see Grafton v. Cummings, 99 U. S. 100; Lee v. Hills, 66 Ind. 474; Clampet v...
-The Contents Of The Memorandum. Part 4
381 a. The statement of the price in the memorandum of a contract of sale is not always to be regarded in the same light as the statement of the consideration of the contract. When an action ...
-The Contents Of The Memorandum. Part 5
1 Morton v. Dean, 13 Met. (Mass.) 385; Davis v. Shields, 26 Wend. (N. Y.) 341; M'Farson's Appeal, 11 Pa. St. 503; Soles v. Hickman, 20 Pa. St. 180; Buck v. Pickwell, 27 Vt. 157; Ellis v. Deadman,4 Bib...
-The Contents Of The Memorandum. Part 6
1 Clinau v. Cooke, 1 Schoales & L. 22; Abeel v. Radcliff, 13 Johns. (X. Y.) 297; Hodges v. Howard, 5 R. I. 149; Fitzmaurice v. Bayley, 9 H. L. C. 79; Hurley v. Brown, 98 Mass. 545; Parker v. Tainter, ...
-The Contents Of The Memorandum. Part 7
388. Within a few years after the determination of this case, it was several times disapproved by Lord Eldon, particularly in Gardom, ex parte, where he said that until it was decided, he had ...
-The Contents Of The Memorandum. Part 8
8 Bean v. Valle, 2 Mo. 126; Halsa v. Halsa, 8 Mo. 303. 9 Neelson v. San borne, 2 N. H. 413; Underwood v. Campbell. 14 N. H. 393. Underwood v. Campbell was doubted in Britton v. Angier, 48 N. H. 420, ...
-The Contents Of The Memorandum. Part 9
1 Saunders v. Wakefield, 4 Barn. & Ald. 595. 2 In Thompson v. Blanchard, 3 N. Y. 335, it was held that an undertaking required by statute to be entered into by sureties, in order to give a right of a...
-The Contents Of The Memorandum. Part 10
1 Caballero v. Slater, 23 L. J. C. P. 68. 2 Hawes v. Armstrong, 1 Bing. N. R. 761. 3 Stadt v. Lill, 9 East 348; 8. c. at nisi prius, nom. Stapp v. Lill, 1 Camp. 242; Church v. Brown, 21 N. Y. 315; B...
-The Contents Of The Memorandum. Part 11
1 Ryde v. Curtis, 8 Dowl. & R. 62. 2 Lees v. Whitcomb, 5 Bing. 34. 3 Sykes v. Dixon, 9 Ad. & E. 697. 4 Morris v. Stacey, Holt 153: Pace v. Marsh, 1 Bing. 216. 1 Haigh v. Brooks, 10 Ad. & E. 309. 2...
-The Contents Of The Memorandum. Part 12
2 Caballero v. Slater, 14 C. B. 300. 3 Stead v. Liddard, 1 Bing. 196; Colriham v. Showier, 3 C. B. 312; Adams v. Bean, 12 Mass. 136; Bailey p. Freeman, 11 Johns. (N. Y.)221; Douglass v. Howland, 24 W...
-The Contents Of The Memorandum. Part 13
408 a. A memorandum expressed to be for value received, is held to state the consideration sufficiently for the purposes of the statute.3 1 Ante, 191, 400. 2 The view which is ...
-The Contents Of The Memorandum. Part 14
414. In the case of Goss v. Lord Nugent, there was a written agreement by which the defendant was to purchase certain lots of land, and the plaintiff bound himself to make a good title to them ...
-The Contents Of The Memorandum. Part 15
420. And in illustration of this case and others which discard the distinction as to the oral variation being in respect of a particular which is material or immaterial to the contract, or ...
-The Contents Of The Memorandum. Part 16
1 Stearns v. Hall, 9 Cush. (Mass.) 31; Swain v. Seamens, 9 Wall. (U. S.) 254; Leather Cloth Co. v. Heironimus, L. R. 10 Q. B. 140; Long v. Hartwell, 34 N. J. L. 116. 2 Hickman v. Haynes, L. R. 10 C. ...
-The Contents Of The Memorandum. Part 17
1 Stevens v. Cooper, 1 Johns. (N. Y.) Ch. 425. 2 2 Eq. Cas. Abr. 33; Bell v. Howard, 9 Mod. 302. See Arrington v. Porter, 47 Ala. 714. 3 Ante, 229. 4 Gorman v. Salisbury, 1 Vern. 240. ...
-Chapter XIX. Verbal Contracts Enforced In Equity
437. We now come to consider the doctrines which courts of equity maintain and apply in cases where verbal contracts, such as the Statute of Frauds has required to be put in writing, come ...
-Verbal Contracts Enforced In Equity. Part 2
3 5 Vin. Ab. 523. And see Sir George Maxwell's case, cited in Whit-bread v. Brockhurst. 1 Bro. C. C. 409; Crocker v. Higgins, 7 Conn. 342; Teague v. Fowler, 56 Ind. 569; Langford v. Freeman, 60 Ind. 4...
-Verbal Contracts Enforced In Equity. Part 3
2 Compare Pierce v. Colcord, 113 Mass. 372; Glass v. Hulbert, 102 Mass. 35. 3 See Taylor v. Sayles, 57 N. H. 465; Howland v. Blake, 97 U. S. 624. 4 Glass v. Hulbert, 102 Mass. 29; compare Beardsley ...
-Verbal Contracts Enforced In Equity. Part 4
444 a. In Glass v. Hulbert, the Supreme Court of Massachusetts, by Wells, J., said that it makes no difference whether the want of a writing was accidental or intentional, and that so long as ...
-Verbal Contracts Enforced In Equity. Part 5
1 Wakeman v. Dodd, 12 N. J. Eq. 567. 2 Hollis v. Whiteing, 1 Vera. 151. 3 Leak v Morrice, 2 Cas. Ch. 135. 4 Equitable Co. v. Baltimore Co., 63 Md. 285. 5 Whitchurch v. Bevis, 2 Bro. C. C. 565. See W...
-Verbal Contracts Enforced In Equity. Part 6
1 Glass v. Hulbert, 102 Mass. 35. See Brown v. Hoag, 35 Minn. 373. 449. By the Revised Statutes of Maine, power is given to the Supreme Judicial Court of that State to compel specific performa...
-Verbal Contracts Enforced In Equity. Part 7
451. It is settled by a long series of authorities, that a part execution of a verbal contract within the Statute of Frauds has no effect at law to take the case out of its provisions;1 but ...
-Verbal Contracts Enforced In Equity. Part 8
1 Whaley v. Bagnel, 1 Bro. P. C. 345. 2 Rathbun v. Rathbun, 6 Barb. (N. Y.) 98; Barnes v. Boston & Maine R. R. 130 Mass. 388. But see Bard v Elston, 31 Kansas 274. 3 Post, 468 et seq. ...
-Verbal Contracts Enforced In Equity. Part 9
1 Dale v. Hamilton, 5 Hare, 381. And see Forster v. Hale, 3 Ves. Jr. 696. Also 463 notes, post. 2 Maddison v. Alderson, 8 App. Cas. 476. 3 See sec. 463, note 2. 456. These remarks, tho...
-Verbal Contracts Enforced In Equity. Part 10
457 a. It is important here, as well as throughout the discussion of the question of equity jurisdiction over the enforcement of oral contracts in which the defence of the Statute of Frauds ...
-Verbal Contracts Enforced In Equity. Part 11
1 See Swain v. Seamens, 9 Wall. (U. S.) 254; Neale v. Neales, 9 Wall. (U. S.) 1; Brown v. Hoag, 35 Minn. 373. But see Wallace v. Rappleye, 103 111. 229. 2 Montacute v. Maxwell 1 P. Wms. 618; Taylor v...
-Verbal Contracts Enforced In Equity. Part 12
1 O'Reilly v. Thompson, 2 Cox, 271; Lydick v. Holland, 83 Mo. 703 Post, 463. 2 Parker v. Smith, 1 Coll. Ch. 608. 1 Ante, 459. 2 Hammersly v. De Biel, 12 Clark & Finnelly, 45; Surcome ...
-Verbal Contracts Enforced In Equity. Part 13
1 Story, Eq. Jur. 761. 2 Rhodes v. Rhodes, 3 Sandf. (N. Y.) Ch. 279. See Watson v. Mahan, 20 Ind. 223; Davison v. Davison, 13 N. J. Eq. 246; Gupton v. Gupton. 47 Mo. 37; Webster v. Gray, 37 Mi...
-Verbal Contracts Enforced In Equity. Part 14
465. Although payment alone, is not sufficient, yet it may serve to corroborate other acts which are generally regarded as amounting to part-performance, so as to afford ground for a decree of ...
-Verbal Contracts Enforced In Equity. Part 15
10 Neb. 138; Wallace v. Scoggins, 17 Oregon, 476; Rosenberger v. Jones, 118 Mo. 559; Puterbaugh v. Puterbaugh, 131 Ind. 288; Burns v. Daggett, 141 Mass. 368. 1 Pugh v. Good, 3 Watts & S. 56, a decisi...
-Verbal Contracts Enforced In Equity. Part 16
474. Secondly, it must be exclusive. Where the purchaser moves in upon the premises and remains there in company with the previous occupant, not as the ostensible and exclusive proprietor,2 or ...
-Verbal Contracts Enforced In Equity. Part 17
478. Some disposition seems to exist, both in courts 2 and text-writers,3 to treat the continuing in possession, and the taking of it, as standing upon the same footing, and therefore entitled ...
-Verbal Contracts Enforced In Equity. Part 18
1 Eckert v. Eckert, 3 Penna. Rep 332. See also Haines v. Haines, 6 Md. 435; Johns v. Johns, 67 Ind. 440. 2 Eckert v. Eckert, 3 Penna. Rep. 332. See also Inman v. Stamp, 1 Stark. 12; Reynolds v. Hewet...
-Verbal Contracts Enforced In Equity. Part 19
488. The improvements relied upon must be of a kind permanently beneficial to the estate, and involving a sacrifice to the purchaser who made them.8 Thus, the cutting of Moulton v Harris, 94 ...
-Verbal Contracts Enforced In Equity. Part 20
1 McLain v. School Directors of White Township, 51 Pa. St. 196; Freeman v. Freeman, 43 N. Y. 34; Murphy v. Stell, 43 Tex. 123; Neale p. Neales, 9 Wall. (U. S.) 1; ante, 467; Mauck P. Melton, 64...
-Verbal Contracts Enforced In Equity. Part 21
1 Mundy v. Jolliffe, 5 Myl. & C. 177; Boardman v. Mostyn, 6 Ves. 467; Burns v. Sutherland, 7 Pa. St. 103; Rhodes v. Rhodes, 3 Sandf. (N. Y.) Ch. 279. In Pennsylvania it is held that a stricter rule of...
-Verbal Contracts Enforced In Equity. Part 22
500. An important question, having a near relation to the point we are now considering, has received the attention of Mr. Baron Alderson, namely, whether a court of equity, upon a bill filed ...
-Chapter XX. Pleading
503. We have now to examine, in conclusion of this treatise, certain points of pleading which have presented themselves, some of them involving no little difficulty, in cases decided upon the ...
-Pleading. Part 2
2 Child v. Godolphin, 1 Dick. 39. 3 Whitchurch v. Bevis, 2 Bro. C. C. 566. 4 Spurrier v. Fitzgerald, 6 Ves. 555. Bark worth v. Young, in 1856, Vice Chancellor Kindersley, after citing the foregoing ...
-Pleading. Part 3
1 See pout, 516. Qucere, whether, since the form of pleading has be-come well settled in these cases, an amendment would be allowed to the bill, after plea or answer setting up the statute, for...
-Pleading. Part 4
511. In the next place, a defendant may insist upon the benefit of the statute by plea of the general issue, or in equity by answer simply, denying the fact of the agreement which the ...
-Pleading. Part 5
5 Blagden v. Bradbear, 12 Ves. 471. 6 Thompson v. Tod, Pet. (C. C.) 380; Stearns v. Hubbard, 8 Greenl. (Me.) 320: Argenbright v. Campbell, 3 Hen. & M. (Va.) 144; Winn v. Albert, 2 Md. Ch. Dec. 169; s...
-Pleading. Part 6
1 Mitf. Eq. Pl. 268. See Rigby v. Norwood, 34 Ala. 129. 2 Mitf. Eq. Pl. 268. Also Story Eq. Pl. 766. 3 Mitf. Eq. Pl. 268; Story Eq. Pl. 766. 4 Ante, 498. 5 Ante, 135 b. ...
-Pleading. Part 7
1 Leaf v. Tuton, 10 Mees. & W. 393; Reade v. Lamb, 6 Exch. 130. But see 511 supra, showing a still more recent change in the Rules. 2 Skinner v. McDouall, 2 De. G & S. 265; Rigby v. Norwood, 3...
-Pleading. Part 8
1 Whitchurch v. Bevis, 2 Bro. C. C. 560. 2 Child v. Godolphin, 1 Dick. 42. 525. The first case in which this question appears to have been raised was that of Child v. Godolphin, decided by Lo...
-Pleading. Part 9
532. Upon the whole, it would seem to be by no means clear but that the present English doctrine, whatever earlier decisions may go to establish, is against allowing the bar to the discovery. ...
-An Act For Prevention Of Frauds And Perjuryes
For prevention of many fraudulent Practices which are commonly endeavoured to be upheld by Perjury and Subornation of Perjury Bee it enacted by the King's most excellent Majestie by and with the advic...
-An Act for rendering a written Memorandum necessary to the Validity of certain Promises and Engagements. Statute 9 Geo. IV. Cap. 14.1
[9th May, 1828]. V. And be it further enacted, That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon...






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