Frary v. Sterling
Massachusetts Supreme Judicial Court
Contract to recover a balance of the price of land sold by the defendant. At the trial in the superior court, before Rockwell, J., these facts appeared: The plaintiff on July 25,1853, mortgaged land In West Stockbridge to the defendant to secure the payment on or before July 1,1856, of $600 which she borrowed from him.
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Contract to recover a balance of the price of land sold by the defendant. At the trial in the superior court, before Rockwell, J., these facts appeared: The plaintiff on July 25,1853, mortgaged land In West Stockbridge to the defendant to secure the payment on or before July 1,1856, of $600 which she borrowed from him. On July 22, 1856, the defendant made an open and peaceable entry upon the premises on account of breach of the condition of the mortgage and for the purpose of foreclosure; and the plaintiff on the same day signed upon the back of the mortgage, and acknowledged before a…
1Opinion of the CourtGray, J.
The defendant relies upon that clause of the statute of frauds which provides that no action shall be brought “ upon any agreement that is not to be performed within one year from the making thereof,” unless the agreement or some memorandum or note thereof is in writing. Gen. Sts. c. 105, § 1, cl. 5. It is true that the statute does not cover an agreement which may be fully performed within the year, although in some contingencies it may extend beyond that period. Roberts v. Rockbottom Co. 7 Met. 46. Doyle v. Dixon, 97 Mass. 209. But an agreement which cannot be performed according to its…
2Cited by13 opinions
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- Kelley v. ThompsonMassachusetts Supreme Judicial Court · 1900
- Aylor v. McInturfMissouri Court of Appeals · 1914
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