Smith v. Arnold
U.S. Circuit Court for the District of Rhode Island
Assumpsit [by Dutee Smith, administrator of Russell Aldridge, against John Arnold]. The declaration was for the price of a certain farm sold by the plaintiff, as administrator of Russeil Aldridge, to the defendant, the defendant refusing to complete the purchase. Plea, non-assumpsit.
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Assumpsit [by Dutee Smith, administrator of Russell Aldridge, against John Arnold]. The declaration was for the price of a certain farm sold by the plaintiff, as administrator of Russeil Aldridge, to the defendant, the defendant refusing to complete the purchase. Plea, non-assumpsit. At the trial it appeared, that the plaintiff Was duly licensed as administrator, by the supreme court of Rhode Island, to sell the land in controversy; and that it was duly advertised for sale, at public auction, in May, 1824. The administrator acted as auctioneer at the sale, (administrators being exempted from…
1Opinion of the Court
STORY, Circuit Justice.
The question here is, whether there is a sufficient memorandum, within the statute of frauds of Rhode Island (Rev. Laws 1822, p. 366), to bind the defendant as purchaser of the land. The statute is the same in substance with the English statute of frauds of 29 Car. II. c. 3, § 4. The words are, “No action shall be brought, whereby to charge, &c. &c. any person upon any contract for the sale of lands, &c. &c. unless the promise or agreement, upon which such action shall be brought, or some note or memorandum thereof, shall be in writing, and signed by the party to be…
2Cited by18 opinions
- Pewabic Mining Co. v. MasonSupreme Court of the United States · 1892
- Camden v. MayhewSupreme Court of the United States · 1889
- Levy v. Broadway-Carmen Building Corp.Illinois Supreme Court · 1937
- Barron v. MullinSupreme Court of Minnesota · 1875
- Capehart v. HaleWest Virginia Supreme Court · 1873
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