Bradley Real Estate Co. v. Robbins
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Western District of the Indian Territorjr; before Justice Lawrence, January 3, 1906. Suit by the Bradley Real Estate Company against E. L. Robbins and another. From a judgment in favor of defendants, complainant appeals.
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Appeal from the United States Court for the Western District of the Indian Territorjr; before Justice Lawrence, January 3, 1906. Suit by the Bradley Real Estate Company against E. L. Robbins and another. From a judgment in favor of defendants, complainant appeals. This is a suit in equity for the specific performance of a contract of sale of land, the complaint is as follows:- “Comes the plaintiff, Bradley Real Estate Company, and for cause of action against the defendant states: That it is a corporation duly and legally incorporated under the laws in force in the Indian Territory and doing…
1Opinion of the Court
Clayton, R
(after stating the facts). The appellant concedes that the receipt set out in the complaint is not a sufficient memorandum or note in writing to satisfy the requirement of the statute of frauds. If it be conceded that the description of the land is stated with sufficient certainty, there is no statement in it of the consideration to be paid by appellant, and therefore it is not such a “memorandum or note in writing” as is contemplated by the statute. The writing, besides describing the land, must also state the consideration. A partial payment of an uncertain sum is not sufficient.…
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