Farnham v. Clements
Supreme Judicial Court of Maine
Bill in Equity, —to which the defendant filed a general demurrer. The bill alleges that plaintiff and defendant and one Leach associated themselves together for the purchase of land which was to be sold at public auction by an administrator: — Thai either was to bid for himself and associates as it might be convenient; That, if struck off to either, the one to whom it was so struck off, was to take a deed to himself and afterwards convey to each of his associates his third…
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Bill in Equity, —to which the defendant filed a general demurrer. The bill alleges that plaintiff and defendant and one Leach associated themselves together for the purchase of land which was to be sold at public auction by an administrator: — Thai either was to bid for himself and associates as it might be convenient; That, if struck off to either, the one to whom it was so struck off, was to take a deed to himself and afterwards convey to each of his associates his third of the property; That the sale took place, and the land was struck off to defendant under said agreement, and he took…
1Opinion of the Court
The opinion .of the Court was drawn up by
Appleton, C. J.
By the statute of frauds, B. S. 1857, c. Ill, §, 1 "no action shall be maintained * '* upon any contract for the sale of lands, tenements or hereditaments, or of any interest in or concerning them * unless the promise, contract or agreement, in which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith, or by some person thereunto lawfully authorized.”
Under this statute, it has been held that a parol agreement to become co-partners in the business of purchasing *428and…
2Cases cited2 opinions
- Botsford v. BurrNew York Court of Chancery · 1817
- Pinnock v. CloughSupreme Court of Vermont · 1844
3Cited by7 opinions
- Dicken v. McKinleyIllinois Supreme Court · 1896
- Roughton v. RawlingsSupreme Court of Georgia · 1892
- Marshall v. LowdSupreme Judicial Court of Maine · 1958
- Barnes v. P. D. Manufacturing Co., Inc.Supreme Court of New Jersey · 1936
- Douma v. PowersNew Jersey Court of Chancery · 1920
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