Lawrence v. Chase
Supreme Judicial Court of Maine
Assumpsit for breach of an alleged oral agreement to execute and deliver a bond to convey real estate. The writ was made upon a Franklin county blank, commencing "Franklin, ss.it was signed by the clerk of the court for Franklin County, dated Aug 20, 1864, and made returnable to the Supreme Judicial Court, to be held at "Norridgewoek, in said county, on the third Tuesday of August, 1864.” The action was entered at the September term in Somerset County, at which term the…
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Assumpsit for breach of an alleged oral agreement to execute and deliver a bond to convey real estate. The writ was made upon a Franklin county blank, commencing "Franklin, ss.it was signed by the clerk of the court for Franklin County, dated Aug 20, 1864, and made returnable to the Supreme Judicial Court, to be held at "Norridgewoek, in said county, on the third Tuesday of August, 1864.” The action was entered at the September term in Somerset County, at which term the defendant appeared by his attorneys, and the action was continued to the December term. On the third day of the December…
1Opinion of the CourtWaltoN, J.
If the defendant would take advantage of the statute of frauds in an action to recover damages for the breach of an oral agreement within its provisions, he must do so by some proper plea. The proper plea is sometimes a demurrer, sometimes the general issue, and sometimes a special plea in bar. Which is the proper one to use can always be determined by a simple inspection of the plaintiff’s declaration. If the declaration sets out a parol promise, a demurrer is the proper plea. If the declaration sets out a written promise, the general issue, " never promised in manner and form,” &c., is the…
2Cited by8 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Dehahn v. InnesSupreme Judicial Court of Maine · 1976
- Chapman v. BomannSupreme Judicial Court of Maine · 1978
- Union Car Advertising Co. v. Boston Elevated Ry. Co.Court of Appeals for the First Circuit · 1928
- Burtchell v. WilleySupreme Judicial Court of Maine · 1952
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