Haygood v. Kennedy

This was a suit to recover a part payment made on the purchase of land. Whether or not the contract of purchase was originally unenforceable under the statute of frauds is immaterial to the maintenance of plaintiff’s case, since the evidence for the plaintiff showed that the seller had expressly consented to a rescission of. the contract of sale, and the evidence of the seller was such as might show an implied consent to such a rescission, in that he had retaken the land in question and made a crop thereon after the purchaser had surrendered possession. It was for this reason error to direct…