 I take it that nothing is considered as a part performance which does not put the party into a situation that is a fraud upon him, unless the agreement is performed. For instance, if, upon a parol agreement, a man is admitted into possession, he is made...  A Treatise on the Law of Evidence - Page 462by Samuel March Phillipps - 1816 - 692 pagesFull view - About this book
 | Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - Equity - 1808 - 526 pages
...man is ^poVhim^if'tl! admitted into possession, he is made a trespasser, and is liable agreement be to answer as a trespasser if there be no agreement....'*' put strongly in the case of Foxcraft v. Lister ,-(i!i) there the party was let into possession on a parol agreement, and it was said that he ought... | |
 | 1815 - 478 pages
...part performance to take a case out of the statute (d) ; and that nothing is a part performance which does not put the party into a situation that is a fraud upon him, unless the agreement is performed (c). And it lies very much in the discretion of a Court of Equity whether they will compel a specific... | |
 | Sir John Comyns - Digests, etc - 1822 - 1074 pages
...touching lands, out of the statute. 1 Sch. & Lef. 40. 4. Nothing is part-performance in such case, that does not put the party into a situation that is a fraud upon him, if the agreement is not performed. 1 Sch. & Lef. 41. 5. Payment of the consideration money. 1. Part... | |
 | Samuel Turner - Costs (Law) - 1825 - 1024 pages
...often alluded to, has laid down the Rule, " that nothing is to be considered as Part-Performance, which does not put the Party into a Situation, that is a...Fraud upon him, unless the Agreement is performed; as in the Instance of a Person let into Possession, upon a Parol Agreement ; he is made a Trespasser,... | |
 | John Eykyn Hovenden - Fraud - 1825 - 734 pages
..."""pcrfoJmance part performance, which does not put the party ot n Parcl agreeseeking a specific execution into a situation that is a fraud upon him, unless the agreement be performed (A). For instance, when, upon a parol agreement, a man is admitted into possession, he... | |
 | Solomon Atkinson - Land titles - 1838 - 356 pages
...v. Cooke:(c) " I take it," says his Lordship, " that nothing is considered as part performance which does not put the party into a situation that is a...possession, he is made a trespasser, and is liable to an- . sweras a trespasser if there be no agreement. This is put clearly in the case of Foxcraft v.... | |
 | Francis Vesey, Great Britain. Court of Chancery - Equity - 1844 - 800 pages
...agreement. Clincm v. Cook, 1 Sch. &, Lef. 41; CCReiley v. Thompson, 2 Cox, 273. For instance, when a man is admitted into possession, he is made a trespasser, and is liable to answer as such, if his possession be not referred to the agreement. Savage v. Carron, 1 Ball & Beat. 282 ; Gregory... | |
 | John Adams - Equity - 1852 - 816 pages
...party, not otherwise entitled to the possession, is admitted thereto ; for if the agreement be invalid, he is made a trespasser, and is liable to answer as a trespasser at law. The equity is still stronger if, after being let into possession, he has been allowed to build... | |
 | Solomon Atkinson - Contracts - 1853 - 562 pages
...Cooke (h) : " I take it," says his Lordship, "that nothing is considered as part performance which does not put the party into a situation that is a...no agreement. This is put strongly in the case of Foxcrqft v. Litter (i); there the party wa,s let into possession on a parol agreement ; and it was... | |
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