Townsend v. Houston
Supreme Court of Delaware
Appeal from chancery. Sussex. This was a suit for the specific performance of a paroi agreement to sell land. The complainant in his bill stated, that Thomas Townsend, deft, ’s father, having died intestate, his lands were appraised in the orphans’ court, and stood for acceptance.
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Appeal from chancery. Sussex. This was a suit for the specific performance of a paroi agreement to sell land. The complainant in his bill stated, that Thomas Townsend, deft, ’s father, having died intestate, his lands were appraised in the orphans’ court, and stood for acceptance. That in February, 1832, it was agreed between him and complainant, that complainant should join him, the said Barkley Townsend, in the acceptance of said lands, and that the said Barkley would sell and convey to complainant one half of the same for $3750, to be paid as follows: complainant was to deliver and sell to…
1Opinion of the Court
The Chancellor-
(Johns Jr.) assigned the reasons for his decree'gt length. ■ -
After stating the case as before, pp. 325, &c. he proceeds:—The decision of this case appears to me to depend on that of two questions. First: Whether there has been a part performance. Second: If there has; then whether the terms of the paroi contract as set forth in the" bill are clearly proved. It is now settled, that equity does decide upon equitable grounds in contradiction to the positive enactment .of the statute of frauds; and in cases of part performance, will admit paroi testimony to prove the terms of a…
2Cases cited2 opinions
- Brown v. Union Insurance Co.Supreme Court of Connecticut · 1811
- Smith v. Lessee of PattonSupreme Court of Pennsylvania · 1814