Legal Opinion · Dissent

Harman v. Harman

Court of Appeals for the Seventh Circuit

Decided November 6, 1895No. Nos. 39 and 55Published

Appeals from tbe Circuit Courts of the United States for the Northern and Southern Divisions of the Northern District of Illinois.

1DissentJexkinr, Circuit Judge

There can be no doubt that in a proper case a court of equity will give effect to a parol undertaking for the conveyance of land; but, to sanction its recognition, the parol agreement must be clearly and satisfactorily proven, and it must appear with like certainty that the acts of part performance were, to the knowledge and with the consent of the other party, done in pursuance of and in execution of the parol agreement, if such acts of part performance may properly be referred to written contracts existing between the parties, they cannot he deemed to be done in execution of the parol…

2Cases cited30 opinions

  1. Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
  2. Arndt v. GriggsSupreme Court of the United States · 1890
  3. Thompson v. Insurance Co.Supreme Court of the United States · 1881
  4. Williams v. MorrisSupreme Court of the United States · 1877
  5. Burnes v. ScottSupreme Court of the United States · 1886

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