Danforth v. Laney
Supreme Court of Alabama
Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. This bill wasfiled by David Danforth, the appellant, against Charles D. Laney, to enforce the specific performance of an alleged parol contract for the purchase of a tract of land.
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Appeal from the Chancery Court of Barbour. Heard before the Hon. Wade Keyes. This bill wasfiled by David Danforth, the appellant, against Charles D. Laney, to enforce the specific performance of an alleged parol contract for the purchase of a tract of land. It alleged that the contract was made on the 14th March, 1850; that complainant executed his note for the purchase money, and defendant promised to make him a good and sufficient title when the purchase money was paid; that complainant entered into the possession of the land under said contract, with the consent of the defendant, repaired…
1Opinion of the CourtGoldthwaite, C. J.
Regarding the contract for the sale of the land as fully proved, the only question is, whether such a part performance has been shown as will take it out of- the'statute of frauds. The rule is, that the act must be such as could be done with no other view than that of the agreement being performed, (Sugden on Vendors, 72);-and hence, if possession by the vendee, under the contract, with’ the consent of the vendor, is shown, it is sufficient. The bill charges that such was the case. The defendant in his answer denies this charge, and then proceeds to state that the complainant was in…
2Cases cited2 opinions
- Jervis v. SmithNew York Court of Chancery · 1840
- Lord v. UnderdunckNew York Court of Chancery · 1843
3Cited by9 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Houston v. McClureSupreme Court of Alabama · 1983
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Arrington v. PorterSupreme Court of Alabama · 1872
- Houston v. HiltonSupreme Court of Alabama · 1880
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