Alford v. Wilson
Court of Appeals of Kentucky
Case 89 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. 1. To satisfy the requirements of the Statute of Frauds, it is not necessary that the contract itself between the parties be reduced to writing, but it is sufficient if its terms can be ascertained from some note or memorandum which is authenticated by the signature of the party to be charged. (Lawson on Contracts, sec. 77; 8 Am. & Eng.
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Case 89 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. 1. To satisfy the requirements of the Statute of Frauds, it is not necessary that the contract itself between the parties be reduced to writing, but it is sufficient if its terms can be ascertained from some note or memorandum which is authenticated by the signature of the party to be charged. (Lawson on Contracts, sec. 77; 8 Am. & Eng. Ency. of Law, 711; Ellis v. Deadman, 4 Bibb, 467; Kleeman v. Collins, 9 Bush, 467; Drury v. Young, 42 Am. Rep., 343; Browne on Stat. of Frauds, sec. 351.) Nor is it necessary that both parties shall…
1Opinion of the Court
■JUDGE HAZELBIGG
delivered the opinion of the court.
The question on this appeal is the sufficiency of a petition in equity, filed by the appellant for a specific execution of a contract alleged to be evidenced by the following writings:
Lexington, Ky., March 2, 1893.
We hereby authorize Stedman & Bowman to offer M. C. Alford thirteen thousand six hundred and fifty dollars ($13,650.00) for his lot on North Broadway, and fronting one hundred and thirty (130) feet on said Broadway and running back to an alley. Said lot is bounded generally, on the east by Broadway, on the north by Armstrong, on the…
2Cases cited1 opinion
- Drury v. YoungCourt of Appeals of Maryland · 1882
3Cited by8 opinions
- Posey v. KimseyCourt of Appeals of Kentucky · 1912
- Ferguson v. Harris & SpeakesCourt of Appeals of Kentucky · 1923
- T. W. Sandford & Co. v. WaringCourt of Appeals of Kentucky · 1923
- Lowther v. PotterDistrict Court, E.D. Kentucky · 1912
- Hollingshead v. MorrisMichigan Supreme Court · 1912
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