Stillings v. Stillings
Supreme Court of New Hampshire
Bills in Equity, tlie one in the first suit for the specific performance of a contract to convey real estate, and the other for a conveyance of a portion of the real estate referred to in the contract. Facts found by a referee. Darius is the father of the plaintiff and Leroy.
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Bills in Equity, tlie one in the first suit for the specific performance of a contract to convey real estate, and the other for a conveyance of a portion of the real estate referred to in the contract. Facts found by a referee. Darius is the father of the plaintiff and Leroy. In July or August, 1885, Darius agreed to deed to the plaintiff his homestead farm, containing 160 acres, as soon as the plaintiff should get moved upon it, and to let the plaintiff have his interest in the crops raised on the farm that year, in consideration of which the plaintiff agreed to move with his wife upon the…
1Opinion of the CourtSmith, J.
The contract upon which the plaintiff relies, nob being in writing, is void under the statute of frauds (G. L., c. 220. s. 14, P. S., c. 215, s. 1), unless it falls within some exception which equity recognizes. The plaintiff relies upon part performance of the contract to take it out of the statute." Part performance is not sufficient for this purpose, unless it places the party in a situation that will operate as a fraud upon him if the agreement is not performed. Tilton v. Tilton, 9 N. H. 385, 390; Kidder v. Barr, 35 N. H, 235, 255. In 2 Sto. Eq. Jur., s. 761, the-author says, — “ If upon…
2Cases cited2 opinions
- Seavey v. DrakeSupreme Court of New Hampshire · 1882
- Brown v. PrescottSupreme Court of New Hampshire · 1884
3Cited by3 opinions
- Muir v. BartlettSupreme Court of New Hampshire · 1916
- Tucker v. WarfieldCourt of Appeals for the D.C. Circuit · 1941
- White v. PooleSupreme Court of New Hampshire · 1905