Greenwood v. Law

■The opinion of the court was delivered by

Vast Syckel, J.

Law, the plaintiff below, gave to Greenwood, the defendant, a mortgage upon lands in this state for the sum of $3,700. Law alleged that Greenwood entered into a parol agreement with him to assign him this mortgage for the sum of $3,000, and brought this suit to recover damages for the refusal of Greenwood to execute said parol agreement.

*175On the trial below, a motion was made to non-suit the •plaintiff, on the ground that the alleged agreement was within the statute of frauds. The,refusal of the trial court to grant this motion is…