Bowen v. Bell
New York Supreme Court
THIS was an action of assumpsit, tried before Mr. Justice Woodworth, at the Washington Circuit, in June, 1821. The declaration contained a general count for land sold and conveyed to the defendant, and the money counts. It was proved, that the plaintiff owned four sixths of a certain farm, and the defendant two sixths, as tenants in common.
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THIS was an action of assumpsit, tried before Mr. Justice Woodworth, at the Washington Circuit, in June, 1821. The declaration contained a general count for land sold and conveyed to the defendant, and the money counts. It was proved, that the plaintiff owned four sixths of a certain farm, and the defendant two sixths, as tenants in common. It was agreed, that the land should be equally divided between them, ánd that the defendant should pay the plaintiff for one sixth part, ^ sul‘vey of the land was accordingly made, and mutual releases and quit-claim deeds were executed by the parties to…
1Opinion of the Court
Woodworth, J«
delivered the opinion of the Court, This is not a case within the statute of frauds. The contract was perfected by giving the deed. The claim now is, to pay the value3 the consideration to support the promise is the release of tfie plaintiff’s title. It is immaterial what Is the origin of the debt, provided it is founded qn a lawful consideration. This action is not on a contract for the sale of lands, or any interest in lands. The law raises the promise to pay, and, in such case, it is not within the statute of frauds, although it be raisecl from an agreement concerning an…
2Cases cited1 opinion
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- Randall v. ConstansSupreme Court of Minnesota · 1885
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- Atchison, Topeka & Santa Fé Railroad v. EnglishSupreme Court of Kansas · 1887
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