Legal Opinion

Greenwood v. Strother

Court of Appeals of Kentucky

Decided April 18, 1891PublishedCited by 10 opinions

Case 88 — PETITION EQUITY — APPEAL PROM TRIMBLE CIRCUIT COURT. A parol lease of real estate for the term of one year, to commence at a future day, is valid. The seventh clause of the statute of frauds does not relate to agreements concerning land. (Gen. Stats., chap. 22, art. 1, sec. 1, clauses 6 and 7; Idem, chap. 63, art. 1, sec. 6; 2 Preston’s Shep.

Read the full summary

Case 88 — PETITION EQUITY — APPEAL PROM TRIMBLE CIRCUIT COURT. A parol lease of real estate for the term of one year, to commence at a future day, is valid. The seventh clause of the statute of frauds does not relate to agreements concerning land. (Gen. Stats., chap. 22, art. 1, sec. 1, clauses 6 and 7; Idem, chap. 63, art. 1, sec. 6; 2 Preston’s Shep. Touch., 241; 4 Kent’s Comm., pages 96-100; 1 Yernon, 159; 1 B. & Aid., 722; Young v. Dake, 5 N. Y., 463; Pall v. Hazlerigg, 45 Ind., 586; Railsback v. Walke, 81 Ind., 412; Baynes v. Christian, 68 Ind., 376; Sobrey v. Brisbee, 20 Iowa, 105';…

1Opinion of the Court

JUDGE BENNETT

delivered the opinion of the court.

The appellant, in January, 1889, verbally contracted to lease from the appellee the latter’s farm, commencing on the first day of the following March, and ending on the first day of March, 1891. The appellee refused to comply with this contract, and the appellant sued him for damages. The court sustained a demurrer to the petition upon the ground that, as *483the cause of action was not to be performed- within a year from the making of it, it was within the statute of frauds. The appellant has appealed from that decision.

Section 1 of chapter 22,…

2Cited by10 opinions

  1. Boone v. CoeCourt of Appeals of Kentucky · 1913
  2. Gault v. CarpenterCourt of Appeals of Kentucky · 1920
  3. Bowen v. Chenoa-Hignite Coal Co.Court of Appeals of Kentucky · 1916
  4. Cannon v. CarrCourt of Appeals of Kentucky (pre-1976) · 1943
  5. Coffey v. HumbleCourt of Appeals of Kentucky · 1913

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API