Douma v. Powers
New Jersey Court of Chancery
Vendee’s suit for specific performance of contract to convey real estate.
1Opinion of the Court
Stevenson, V. C.
The only objection to the bill which calls for consideration is, that while it alleges that the parties contracted for the purchase and sale of the land in question, it does not allege that the contract was in writing as required by the statute of frauds.
The rule is well settled in New Jersey and generally in the other states that declarations in actions at law and bills in suits in equity are not demurrable because they fail to allege affirmatively that the contracts sued on, which are within the operation of the statute of frauds, are in writing. The rule of pleading is…
2Cases cited7 opinions
- Cozine v. Graham & BleekerNew York Court of Chancery · 1830
- Boney v. CheshireSupreme Court of Georgia · 1917
- Campbell v. BurnettCourt of Appeals of Maryland · 1913
- Dudley v. BachelderSupreme Judicial Court of Maine · 1866
- Kinney v. KinneyCourt of Appeals of Georgia · 1917
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3Cited by7 opinions
- DeMarco v. EstlowNew Jersey Superior Court Appellate Division · 1952
- Edwards v. Wyckoff Electrical Supply Co.New Jersey Superior Court Appellate Division · 1956
- Barnes v. P. D. Manufacturing Co., Inc.Supreme Court of New Jersey · 1936
- Degheri v. CarobineNew Jersey Court of Chancery · 1926
- Brands v. CassedyNew Jersey Court of Chancery · 1938
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