Sherwood v. Walker

I do not concur in the opinion given by my brethren in this case. I think the judgments before the justice and at the circuit were right.

I agree with my Brother Morse that the contract made was not within the statute of frauds, and that payment ior the property was not a condition precedent to the passing of the titlo from the defendants to the plaintiff. And I further agree with him that the plaintiff was entitled to a delivery of the property to him when the suit was brought, unless there was a mistake made which would invalidate the contract; and I can find no such mistake.

There is no…