Perley v. Bailey

Our statute of frauds reads: “No action shall be maintained upon a contract for the sale of land unless the agreement upon which it is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereto authorized by writing.” P. L., c. 327, s. 1.

It will be observed that there is no expressed intention that the statute shall apply to any procedure other than an “action . . . upon a contract for the sale of land.” This is not such an action. There is the further inquiry whether the legislature intended that the statute should operate upon…