Singstack's Ex'rs. v. Harding
Court of Appeals of Maryland
Appeal from Frederick County Court. This was a spec¡a[ ac¿¡on on the case, to recover from the defendant, (now appellee,) the difference between the amount of the purchase money for which certain real estate was sold to him, at auction by the plaintiffs, (the appellants,) and the amount which that property brought on a resale — 'the defendant having refused to comply, &c. The general issue was pleaded.
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Appeal from Frederick County Court. This was a spec¡a[ ac¿¡on on the case, to recover from the defendant, (now appellee,) the difference between the amount of the purchase money for which certain real estate was sold to him, at auction by the plaintiffs, (the appellants,) and the amount which that property brought on a resale — 'the defendant having refused to comply, &c. The general issue was pleaded. At the trial the plaintiffs offered in evidence the will of Philip Singstack, dated the 3d of October 1803, containing among other provisions, the Following: “The resj(]ue 0f my estate, whether…
1Opinion of the CourtNicho-lsox, J.
The .court are of opinion in this case, that the original sale to the appellee of the house and lot, was a good sale, the auctioneer being the agent of both parties, having entered the appellee’s name in the auction book as the purchaser. The •uniform current of the decisions have been, that such an entry was a sufficient memorandum in writing, of the contract in the sale of chattels, to gratify the requisitions of the statute of frauds; and that statute makes no distinction between a memorandum in writing for the sale of chattels, and the sale of lands.
But the court are of opinion, that the…
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