Rogers v. Tracy
Supreme Court of Connecticut
Indebitatus Assumpsit for the rents and profits of five acres of land from March A. D. 1788 to March 1789, worth £30. Plea in bar — The Statute to Prevent Frauds and Perjuries.
1Opinion of the Court
Judgment- — -Plea insufficient. The consideration is an actual reception of the profits, upon which the law implies ex aequo et bono, an obligation to pay and the rents and profits are not any interest in lands. Besides, it is an agreement executed on the part of the plaintiff; and so not within the statute. Brown and wife v. Clark. Thq wife when sole, sold her land to Clark for £14; gave a deed and took no security for the pay, but his parol promise, which he afterwards refused; to perform. An action of assumpsit was brought for the money, and a recovery had, which was affirmed by the…
2Cited by1 opinion
- Gunn v. ScovilSupreme Court of Connecticut · 1810