Parkhurst v. Van Cortland
Court for the Trial of Impeachments and Correction of Errors
IN the month of January, 1809, the appellants filed a bill in v A J . the court below against the respondent, wherein they alleged, that in April, 1797, they applied to the respondent for certain lands in the western country, who consented to sell or lease the same to the appellants, but on account of their being undivided, could not then perfect the contract, but made, and delivered to the appellants, for their security, the following memorandum : 45 Messieurs John…
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IN the month of January, 1809, the appellants filed a bill in v A J . the court below against the respondent, wherein they alleged, that in April, 1797, they applied to the respondent for certain lands in the western country, who consented to sell or lease the same to the appellants, but on account of their being undivided, could not then perfect the contract, but made, and delivered to the appellants, for their security, the following memorandum : 45 Messieurs John Parkhurst, Frederick Parkhurst, and Abel Parkhurst, have applied to me for leave to possess my lot number four, in the second…
1Opinion of the Court
Thompson, Ch. J.
It was not pretended upon the argument, that this was a case coming within the statute of frauds, or that any note, or memorandum in writing, was necessary for the purpose of making out a valid and binding contract between the parties. The appellants, in the court of chancery, bottomed their claim to relief upon a part performance of an agreement alleged, by them, to have been made with the respondent, in relation to the lands in question. If any authority was necessary to show that such cases are not within the statute of frauds, we have it in the case of Brodie v. St. Paul.…
2Cited by48 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Ryan v. . DoxNew York Court of Appeals · 1866
- Anderson v. HubbleIndiana Supreme Court · 1884
- Campbell v. Fetterman's HeirsWest Virginia Supreme Court · 1882
- Schroeder v. GemeinderNevada Supreme Court · 1875
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