Norman v. Molett
Supreme Court of Alabama
Writ of Error to the County Court of Dallas. Assumpsit by Molett against Norman, to recover #200 and interest agreed to be paid for certain lands.
Read the full summary
Writ of Error to the County Court of Dallas. Assumpsit by Molett against Norman, to recover #200 and interest agreed to be paid for certain lands. At the trial, the plaintiff offered in support of his action, a writing in these words, to wit: “ I have bargained and sold to Bentley Norman, a piece of land to contain five acres ; said piece of land to be laid off in the north-east corner of,” &c.; here follows a minute description of the lands, and the writing then proceeds thus : « That lot shall be among the first surveys that I will have executed; immediately after which I will be ready to…
1Opinion of the CourtGoldthwaite, J.
The object of the statute of frauds is, to protect individuals from having parol agreements imposed on them against their consent; but it has uniformly been held, not to defeat a parol contract which is afterwards evidenced by a writing signed by the party sought to be charged with it. It is not essential that the signature should be upon the agreement itself, it is sufficient if it be indorsed on it as a notification of the assent of the party, or if it be written in a letter or memorandum which refers to the agreement. [2 Stark. Ev. 605.] In the present case, the contract between the…
2Cited by5 opinions
- Jenkins v. HarrisonSupreme Court of Alabama · 1880
- Heflin v. MiltonSupreme Court of Alabama · 1881
- Alba v. StrongSupreme Court of Alabama · 1891
- Levy v. AllenSupreme Court of Alabama · 1951
- Borden v. CaseSupreme Court of Alabama · 1960