Green v. Jones
Supreme Judicial Court of Maine
.On report. ©ill 'in equity to which a general demurrer was filed and 'joined. The case was then, by consent, reported to the law ■ court, upon the facts alleged, to make such decision and order ¡such decree as the rights of the parties required. 'The material facts are stated in the head note and opinion.
1Opinion of the CourtFoster, J.
The object of this bill is a specific performance <of an oral agreement for the conveyance of real estate. This ■.necessarily presupposes an agreement, and the bill must, as in ¡all cases of this description, set out what that agreement was.
Upon inspection of the bill, it will be found to be a parol .contract for the sale of real estate, and therefore void by the ¡statute of frauds. An action at law could not be sustained on this agreement. The statute for the prevention of frauds would be a barrier to the maintaining of an action upon it.
The power of this court, as a court of equity, then,…
2Cases cited12 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Taylor v. LongworthSupreme Court of the United States · 1840
- Harris v. KnickerbackerCourt for the Trial of Impeachments and Correction of Errors · 1830
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Santoro v. MackSupreme Court of Connecticut · 1929
- Chapman v. BomannSupreme Judicial Court of Maine · 1978
- Tozier v. TozierSupreme Judicial Court of Maine · 1981
- Adams v. ManningUtah Supreme Court · 1915
- LaFlamme v. HoffmanSupreme Judicial Court of Maine · 1953
1 more not listed; retrieve them via the Exa API.