A Treatise on the Statute of Frauds

A Treatise on the Statute of Frauds

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...within the statute, although the marriage did not take effect for nine years, for it might have happened within a year. Peter u. Compton, Skin. 353; Holt, 326; Smith v. Vllestall, 1 Raym. 316; Souch v. Strawbridge, 2 C. B. 808; 15 Law J. C. P. 172. And where an oral promise was made to pay so much money on retum of a ship, which ship happened not to return within two years after the time of the making of the promise, it was held that the promise was not within the statute, for that, by possibility, the ship might have returned within the year, though by accident it happened that it did not, and that the clause in the statute only extended to such promises and agreements as were, by the express appointment of the parties, not to be performed within a year from the time of making thereof. Anon. Salk. 280; Fenton v. Emblers, 3 Burr. 1282. And it has been laid down, that "where the agreement is to be performed upon a contingency, and it does not appear, within the agreement, that it is to be performed after a year, there a note in writing is not necessary, for the contingent and uncertain event might happen within the year; but where it appears by the whole tenor of the agreement, that it is to be performed after the year, there a note is necessary, otherwise not." Vells v. Horton, 12 Moo. 182, 183; 4 Bing. 43, 44; Moore v. Fox, 10 John. (N. Y.) 244; Harris v. Porter, 2 llurr. (Del.) 27; Broadwell v. Getman, 2 Den. (N. Y.) 87; Linscott v. Mclntire, 3 Shep. 201; Peters v. Vc-stborough, 19 Pick. (Ma.ss.) 364; Kent v. Kent, 18 Pick. (Mass) 569; Roberts v. Rockbottom Co., 7 Met. ( Mass.) 46; Russel v. Slade, 12 Conn. 455; Thompson v. Gordon, 3 Strobh. (S. C.) 196; Ellicott v. Peterson, 4 Md. 476. Neither does the statute apply where...show more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236825497
  • 9781236825490