Inhabitants of Wilton v. Harwood
Supreme Judicial Court of Maine
This was a bill in equity. The facts are stated in the opinion of the Court. contended that the Court had power to grant relief in this case. The power is given in the clause in relation to frauds. The defendant cannot avail himself of his own fraudulent act to obtain the property of the plaintiffs. Cases are taken out of the operation of the statute of frauds on the ground of a part performance of the contract.
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This was a bill in equity. The facts are stated in the opinion of the Court. contended that the Court had power to grant relief in this case. The power is given in the clause in relation to frauds. The defendant cannot avail himself of his own fraudulent act to obtain the property of the plaintiffs. Cases are taken out of the operation of the statute of frauds on the ground of a part performance of the contract. It is a fraud in the defendant, after a performance, or part performance by the plaintiffs, to resist the full and complete execution of it, and thereby destroy the property of the…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
The case presented by the bill, answer, and proof, shews, that the defendant made a verbal agreement with their committee to sell to the plaintiffs a small lot of land for the sum of five dollars as a site for the erection of a town house; that the committee made a report of that agreement in writing under date of December, 1829, which was accepted in a town meeting, April 5, 1830, the defendant being present and voting for its acceptance; that the plaintiffs caused a *133house to be built upon that lot by contract, during the season of 1831; that the…
2Cited by2 opinions
- Batchelder v. SanbornSuperior Court of New Hampshire · 1852
- Burnham v. PorterSuperior Court of New Hampshire · 1852