Sawert v. Lunt

Opinion by

Mr. Justice Jones,

The plaintiffs, a husband and wife, seek by this suit in equity to compel the defendant’s specific performance of a contract for the sale of certain property to the plaintiffs. The defendant filed an answer raising preliminary objections to the bill of complaint on the ground that the written memorandum upon which the plaintiffs rely does not satisfy the requirements of the Statute of Frauds (Act of March 21, 1772, 1 Sm. L. 389, Sec. 1, 33 PS § 1). The learned court below sustained the defendant’s objections and dismissed the bill. This appeal is by the wife…