Harris v. Hardwick
New Mexico Supreme Court
Appeal from .the District Court of Eddy County; John T. McClure, District Judge; No action shall be brought upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement shall be in-writing, etc. Stat. Frauds, sec. 4. Statute of Frauds in force in New Mexico.
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Appeal from .the District Court of Eddy County; John T. McClure, District Judge; No action shall be brought upon any contract for the sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement shall be in-writing, etc. Stat. Frauds, sec. 4. Statute of Frauds in force in New Mexico. Childers v. Talbot, 16 Pac. 275. Evidence of a parol modification, in a material particular, of a written contract^required by the Statute of Frauds to be in writing, is inadmissible and such a contract is’ not enforceable in any court. Jones oh Evidence (2nd ed.) 444;…
1Opinion of the Court
OPINION OP THE COURT.
ROBERTS, C. J. —
There are several assignments of error in this case by appellant, all presenting ,however, but one proposition worthy of consideration, which may •be stated as follows :■ — Under the Statute of Frauds, which is in force in this State, “no action shall be brought upon any contract or sale of lands, tenements or hereditaments,, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note…
2Cases cited2 opinions
- Arnold v. StephensonIndiana Supreme Court · 1881
- Schenck v. SithoffIndiana Supreme Court · 1881
3Cited by8 opinions
- Westerman v. City of CarlsbadNew Mexico Supreme Court · 1951
- Provencio v. PriceNew Mexico Supreme Court · 1953
- Harris v. DunnNew Mexico Supreme Court · 1951
- Mapel v. StarriettNew Mexico Supreme Court · 1922
- Underwood v. SapirNew Mexico Supreme Court · 1954
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