Allen v. Booker
Supreme Court of Alabama
Drury M. Allen brought an action of assumpsit in Madison Circuit Court, against Parham N. Booker, to recover back one hundred and twenty-five dollars paid by him as a partial payment on a purchase of land. At the trial in May, 1827, the plaintiff proved that be paid the money on account of a purchase of land made by him of Booker; that the contract was by parol; and that the land lay in the Arkansas Territory.
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Drury M. Allen brought an action of assumpsit in Madison Circuit Court, against Parham N. Booker, to recover back one hundred and twenty-five dollars paid by him as a partial payment on a purchase of land. At the trial in May, 1827, the plaintiff proved that be paid the money on account of a purchase of land made by him of Booker; that the contract was by parol; and that the land lay in the Arkansas Territory. The Court charged the jury, that the part payment of the consideration money by the plaintiff to the defendant, took the contract out of the operation of the statute of frauds; and that…
1Opinion of the Court
By JUDGE TAYLOR.
It is considered unnecessary to enter into a minute investigation of the doctrine which governs parol contracts for the sale of land, under the statute of frauds. Our statute is in the precise language of that of England, and of a majority of the States. The constructions given to the statute by the Courts of Westminster, are well known. They have determined many cases to form exceptions, notwithstanding the comprehensive terms of the statute; and numerous decrees have been made by *24t]le Chancellors of that country by which the specific per» forman ce of such contracts has been…
2Cases cited1 opinion
- Gist's heirs v. RobinetCourt of Appeals of Kentucky · 1813
3Cited by15 opinions
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Flinn v. BarberSupreme Court of Alabama · 1879
- Sims v. McEwen's Adm'rSupreme Court of Alabama · 1855
- Levy v. YarbroughSupreme Court of Oklahoma · 1913
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