Rose v. Parker
Hawaii Supreme Court
Equity will intervene to enforce a verbal contract for tlie sale of lands, notwithstanding the Statute of Frauds, where one party-lias done certain acts in part execution, and upon the faith of the contract, with the knowledge and consent of the other; if the contract is so far executed that for the latter to repudiate it would amount to a lraud upon the other. Payment for the land, accompanied by possession, is “part performance.”
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Equity will intervene to enforce a verbal contract for tlie sale of lands, notwithstanding the Statute of Frauds, where one party-lias done certain acts in part execution, and upon the faith of the contract, with the knowledge and consent of the other; if the contract is so far executed that for the latter to repudiate it would amount to a lraud upon the other. Payment for the land, accompanied by possession, is “part performance.” The possession, however, must have delivered or assumed in pursuance of the contract of sale alleged and so retained. In this ease the possession of plaintiffs of…
1Opinion of the Court
Opinion of a majority of the Court by
Judd; C.. J.
The Court lias taken time to consider deliberately the questions involved in this case, and a. majority is- now of. the *594opinion that the decision of the Chancellor, rendered on the 23d September, 1882, declining to decree the enforcement of the agreement for the sale of the land, should be affirmed.
J. M. Davidson for plaintiffs. A. S. Hartwell and W. B. Castle for defendants. Honolulu, March 1, 1883.
We are, however, of the opinion that, all the parties- being now before the Court, the plaintiffs should not be put to-their action at law to…
2Cited by8 opinions
- Poka v. HoliHawaii Supreme Court · 1960
- Yee Hop v. Young Sak ChoHawaii Supreme Court · 1920
- Coelho v. FernandezHawaii Supreme Court · 1963
- Perreira v. PerreiraHawaii Supreme Court · 1968
- De Luz v. RamosHawaii Supreme Court · 1931
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