Bomier v. Caldwell

Fletcher Ch. J.:

The appeal in this case is by the defendant, from a *464decree of the Court of Chancery, by which the appellant was directed to convey to the respondent a certain lot of land in pursuance of a parol agreement.

The counsel for the defendant object to the decree:

1. Because the contract was within the Statute of Frauds, and therefore can not be enforced.

2. That the contract admitted by the answer and supported by the evidence, is materially variant in substance from that set out in the bill.

3. That there has not been such performance of the agreement on the part of the respondent as…