Maxfield v. Terry
Court of Chancery of Delaware
This was a BILL for the specific performance of a contract for the conveyance of a house and lot situated in the town of New Castle.
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This was a BILL for the specific performance of a contract for the conveyance of a house and lot situated in the town of New Castle. The property was purchased by Mark M. Cleaver, in October, 1866, for the complainant, under an agreement, of which Cleaver afterwards gave a written memorandum in these words : New Castle, Feb. 23, 1867. To whom it may concern : Having purchased a frame dwelling house and lot of ground in the town of New Castle from Levi Caulk, colored man, for the sum of $450.00, on the 13th day of October, A. D., 1866. and the deed therefor being in my name, I hereby…
1Opinion of the Court
.The Chancellor
The effect of the transaction between Cleaver and Maxfield, touching the purchase of the property in, conr troversy, was to create a contract for its conveyance by Cleaver to Maxfield in consideration, first, that Max-field should occupy the property prior to its conveyance to him' and pay a stipulated rent for it ; and, second, that he should repay to Cleaver the purchase,money. This agreement was upon sufficient consideration and being rer duced to writing was of force within the statute of frauds. There is sufficient evidence to shew that three years were given to Maxfield…
2Cases cited1 opinion
- Godwin v. CollinsCourt of Chancery of Delaware · 1868
3Cited by8 opinions
- Diamond State Iron Co. v. HusbandsCourt of Chancery of Delaware · 1898
- Gluckman v. HolzmanCourt of Chancery of Delaware · 1947
- Gluckman v. HolzmanCourt of Chancery of Delaware · 1947
- Coyle v. KierskiCourt of Chancery of Delaware · 1913
- Crawford v. MooreU.S. Circuit Court for the District of Western Michigan · 1886
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