Rutt v. Roche

This is an action upon a contract whereby the plaintiff agreed to sell and the defendant to buy certain real estate in Hartford. The complaint sets forth an agreement partly written and partly oral and alleges part performance by the plaintiff. The defendant demurred on the ground that the agreement was within the Statute of Frauds and that the acts of part performance were not such as would take the contract out of the statute. The trial court sustained the demurrer on both grounds and the plaintiff has appealed.

The plaintiff concedes that the memorandum of the agreement does not satisfy the…