Wills v. Ross

On Petition for a Rehearing.

Elliott, C. J.

In the argument on the petition for a rehearing, it is insisted that the complaint does not show such a written contract as satisfies the requirements of the statute of frauds. If the law required the consideration to be stated in the written instrument, there would be much force in this argument. The law, however, makes no such requirement. It is expressly enacted : “The consideration of any such promise, contract, or agreement, need not be set forth in such writing, but may be proved.” 1 R. S. 1876, p. 504; R. S. 1881, sec. 4905; Hiatt v. Hiatt, 28…