Crockett v. Green
Court of Chancery of Delaware
Bill for the specific performance of a contract IN WRITING for the sale of land. — The memorandum was drawn and signed by the defendant, on the 30th of July, 1867, and is in these words : “1 agree to sell to Alfred R. Crockett, two acres and . I50sq. perches of land, commencing 170 feet from the south side of Green street,- running parallel to Green street, with a front of one acre on Broad street, at (the rate) *of $1225.00. r ' n U.S.
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Bill for the specific performance of a contract IN WRITING for the sale of land. — The memorandum was drawn and signed by the defendant, on the 30th of July, 1867, and is in these words : “1 agree to sell to Alfred R. Crockett, two acres and . I50sq. perches of land, commencing 170 feet from the south side of Green street,- running parallel to Green street, with a front of one acre on Broad street, at (the rate) *of $1225.00. r ' n U.S. REV. - STAMP f- (Signed.) W. Green, ioc. ! The bill alleged that the lot intended to be sold was one situated in Middletown, Delaware, and was more…
1Opinion of the Court
Ti-ie Chancellor
This is certainly a case of great merit on the part of the complainant, and it would be doing exact justice between the parties to grant the prayer of the bill.
But the Statute of Frauds presents an insuperable bar. The written contract of sale relied upon, fails, in its description of the premises sold, to satisfy the requirements-of the Statute. The defect is such as cannot be supplied by parol evidence, unless there had been a part performance ; and even the admission made by the answer of quite enough to ascertain and locate the premises, *472cannot avail the complainant. A…
2Cases cited2 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Livingston v. BroeckNew York Supreme Court · 1819
3Cited by9 opinions
- Wilmington Trust Co. v. Wilmington Trust Co.Court of Chancery of Delaware · 1940
- Diamond State Iron Co. v. HusbandsCourt of Chancery of Delaware · 1898
- Gluckman v. HolzmanCourt of Chancery of Delaware · 1947
- Foreman's Systems, Inc. v. Milk Dealers' Crate Corp.Court of Chancery of Delaware · 1923
- Colvocoresses v. W. S. Wasserman Co.Superior Court of Delaware · 1938
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