Barry v. Coombe
Supreme Court of the United States
THIS was- an appeal from a decree in equity, of the Circuit ' Court for the county of Washington, against Robert Barry the appellant* upon a bill filed by Griffith Coombe, for the specific execution'-of a contract for the sale of real, estate in the city of Washington, and for the payment of the balance of an account, which it was alleged had been settled and agreed upon by the parties."
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THIS was- an appeal from a decree in equity, of the Circuit ' Court for the county of Washington, against Robert Barry the appellant* upon a bill filed by Griffith Coombe, for the specific execution'-of a contract for the sale of real, estate in the city of Washington, and for the payment of the balance of an account, which it was alleged had been settled and agreed upon by the parties." Thq material charges in the bill, and.which were brought into the eoits.ideration of the Court, by the counsel in argument, ■ wer;e;that various transactions,' commencing.' in 1815, had taken place…
1Opinion of the Court
Mr; Justice Johnson,
delivered the opinion of the-Court. — -
This appeal brings up for,-revision- a decree of -the Circuit Court of this district^ by which this appellant has been required to execute, specifically, an agreement for the sale of land. The bill set's up a certain written instrument, as a sufficient memorandum in writing; but not relying solely- on that,- goes -on to make ovit one of-those cases,, in which a Court of Equity -exercises this branch of its jurisdiction,, in, order that the statute of-frauds may not be made a cloak for fraud; that is a ease of performance on the part…
2Cited by56 opinions
- Williams v. MorrisSupreme Court of the United States · 1877
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Nichols v. JohnsonSupreme Court of Connecticut · 1834
- Patton v. RuckerTexas Supreme Court · 1867
- Howard v. AdkinsIndiana Supreme Court · 1906
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