Newburger v. Adams
Court of Appeals of Kentucky
Case 6 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND'EQUITY COURT. 1. The question whether or not the facts alleged show the existence of a written contract or agreement, such as is required under the statute, is properly raised by demurrer. (Smith v. Theobald, 86 Ky., 144.) 2. The court will not enforce a parol contract for the sale of land.
Read the full summary
Case 6 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND'EQUITY COURT. 1. The question whether or not the facts alleged show the existence of a written contract or agreement, such as is required under the statute, is properly raised by demurrer. (Smith v. Theobald, 86 Ky., 144.) 2. The court will not enforce a parol contract for the sale of land. (Thomas’ Ex’rs v. Trustees of Harrodsburg, 3 Mar., 299; Holtzclaw v. Blackaby, 9 Bush, 41.) 3. The contract must be proved by the writing, and parol proof of any change or modification is incompetent. (Wardell v. Williams, 4 Am. St. Bep., 817.) 4. The…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion op the court.
The petition filed in the court below seeks to enforce a contract of sale of certain real estate in the city of Louisville.
The question arises from the action of the court in overruling a general demurrer to the petition, and if the statements of the plaintiff show the contract to be within the statute of frauds, the demurrer should have been sustained.
The entire doctrine as recogmzeu and settled by this court on this subject is found in the case of Usher’s Ex’rs. v. Flood, reported in 83 Ky., 552, where it is held that such a contract must be…
2Cases cited1 opinion
- Usher's Ex'r v. FloodCourt of Appeals of Kentucky · 1886
3Cited by7 opinions
- National Bank of Kentucky v. Louisville Trust Co.Court of Appeals for the Sixth Circuit · 1933
- Duteil v. MullensCourt of Appeals of Kentucky · 1921
- Turner v. BrowningsCourt of Appeals of Kentucky · 1908
- Lowther v. PotterDistrict Court, E.D. Kentucky · 1912
- Todd v. FinleyCourt of Appeals of Kentucky · 1915
2 more not listed; retrieve them via the Exa API.