Sussex Investment Co. v. Clendaniel

The Chancellor.

The statute of frauds is an insuperable obstacle to the complainant in this case. The statute is not relied upon by the defendant in his answer. But on his brief he cites Matthes v. Wier, 10 Del. Ch. 63, 84 A. 878, as an applicable authority upon the point of the statute of frauds. In that case the Chancellor said:

“At the hearing, without having demurred to the bill, or pleaded the statute, or claimed the benefit thereof by the answer, the defendant insists on the protection of the statute. The law respecting the protection of the statute, where it is not pleaded, is well…