Bean v. Burbank
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was assumpsit, on a written instrument, of which a copy follows.
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was assumpsit, on a written instrument, of which a copy follows. “ Shelburne, April 9, 1835. I hereby agree to give Mr. Alpheus Bean, a good and sufficient deed of six thousand acres of the common and undivided land in the town of Shelburne, county of Coos, in the State of N. H., provided he, the said Bean, shall give me satisfactory security for the same at twenty cents per acre, one fourth part down, and the remainder in three annual payments with interest annually ; this refusal not to run beyond sixty days from…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The agreement upon which the plaintiff declares, was a contract for the sale of lands, of which a memorandum having been made in writing, and signed by the party, sought to be charged, there was a sufficient compliance with the requirements of the statute of frauds. But the common law requires, that such an agreement, to be binding, must have been made upon sufficient consideration. Such consideration need not be recited or set forth in the instrument, but it must exist in fact, proof of which is essential to its legal enforcement. Packard v.…
2Cited by9 opinions
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- Campbell v. A. Lambert & Co.Supreme Court of Louisiana · 1884
- Elliott v. DelaneySupreme Court of Missouri · 1909
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