McWhorter v. McMahan
New York Court of Chancery
This is a bill for the specific performance of a contract for the sale of lands, filed by the vendors against the purchaser. The complainants were partners in mercantile business, and tenants in common of the store and the appurtenances in which they transacted their business.
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This is a bill for the specific performance of a contract for the sale of lands, filed by the vendors against the purchaser. The complainants were partners in mercantile business, and tenants in common of the store and the appurtenances in which they transacted their business. On the 2d of February, 1839, they entered into a contract with the defendant of which the following is a copy. 66 In consideration of two thousand seven hundred “ and fifty dollars, to be paid to us as herein after “ mentioned, we hereby agree to sell to James “ McMahan the brick store which we now occupy, “ together…
1Opinion of the Court
The Vice Chancellor.
The first objection made by the defendant is, that there is not a sufficient execution of the -contract on the part of the complainants within the statute of frauds. The complainants were tenants in common of the premises, and to make a contract on their part binding and valid within the statute, some note or memorandum of it in writing, executed by both the complainants, or their authorised agents, must be shewn. In this case, the contract produced is only signed by one of the complainants, using the name of both. The fact that the complainants were mercantile partners,…
2Cases cited2 opinions
- Roget v. MerritNew York Supreme Court · 1804
- Cady v. CadwellSupreme Court of Connecticut · 1811