Legal Opinion
Hannon v. Robinson
Court of Common Pleas of Ohio, Franklin County, Civil Division
Decided December 15, 1944No. 166,789PublishedCited by 1 opinion
1Opinion of the Court
OPINION
MEMORANDUM DECISION
By LEACH, J.
Are the writings relied upon by plaintiff sufficient to constitute a “memorandum” of the contract for the sale of real estate which satisfies the requirements of the Statute of Frauds?
By the terms of §8621 GC, the “memorandum” must be in writing and signed by the party to be charged therewith.
Who is “the party, to be charged”?
“ * it is well settled in most jurisdictions that the words in question mean ‘sought to be charged in the action’, and, therefore, that the memorandum need be signed only by the defends ant, and must be signed by him without regard…
2Cases cited9 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Haydock v. . StowNew York Court of Appeals · 1869
- Cummins v. BeaversSupreme Court of Virginia · 1904
- Reynolds v. Omaha General Iron WorksNebraska Supreme Court · 1920
- Smith v. GibsonNebraska Supreme Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Clotfelter v. TelkerOhio Court of Appeals · 1947