Davidson v. Edwards

Habí, J.,

(after stating the facts). The statute of frauds with regard to trusts in real property was enacted to preserve the title to such property from, the uncertainty and'fraud attending the admission of. parol, evidence. It is well settled in this State that a, mere refusal to perform a parol agreement, void under .the .statute, of, frauds, is not of itself fraud. The reason is that the jurisdiction of courts of equity in such cases is founded upon the fraud aid not upon the agreement. It has been well said that the statute of frauds would be worse than waste paper if a breach of promise…