O'Farrell v. Willoughby

1. The agreement set forth in the answer to this suit, which was upon certain notes given for the purchase-money of land described in a bond for title, by the terms of which agreement, according to the allegations, the maker of the notes should not be required to pay them unless put in possession of a part of the tract which under the terms of the bond for title was to be conveyed by the obligor, was not such an agreement as falls within the statute of frauds, and was enforceable though not in writing.

2. The court did not err in overruling so much of the demurrer to the answer and the…