Swartwout v. Burr

The facts of this case take the parol cofitract, set forth in the plaintiff’s bill, out of the statute of frauds,- and entitle the plaintiff to a decree for a specific performance of such contract. There is clear and satisfactory proof of the contract for the conveyance of the premises in question, by Jonathan Burr to the plaintiff; and the part performance of the contract is sufficient to take it out of the statute. A part of the consideration money was paid,- possession was taken, and valuable improvements made, under the contract. (Parkhurst v. Van Cortland, 14 John. 15. 2 Caines’ Cas, in…