 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
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1859 - 924 pages
...I take it," observes Lord Redesdale, " that nothing is to be considered as a part performance which does not put the party into a situation that is a...admitted into possession, he is made a trespasser if there be no agreement. This is put strongly in the case of Foxcraft v. Lister : there the party... | |
 | Joseph Story - Equity - 1866 - 860 pages
...party into a situation, which is a fraud upon him, unless the agreement is fully performed.3 Thus, for instance, if upon a parol agreement a man is admitted...to answer as a trespasser, if there be no agreement valid in law or equity.4 Now, for the purpose of defending himevery discerning mind. It turns on a... | |
 | Law - 1857 - 664 pages
...alleged contract. (Er parle Hooper, 19 Ves. 479). Nothing, indeed, is considered a part performance which does not put the party into a situation that is a...the agreement is performed ; for instance, if upon a pnrol agreement a man is admitted into possession, he is made a trespasser, and is liable to answer... | |
 | Henry Oldright - 1870 - 898 pages
...Chancellor, Lord Redesdale, says: " I take it that nothing is considered as a part performance, " which does not put the party into a situation that is a...if, upon a parol agreement. a man is admitted into posses" sion, he is made a trespasser, and is liable to answer ae a "trespasser if there be no agreement.... | |
 | John Adams - Equity - 1873 - 930 pages
...not otherwise entitled to the possession, is admitted thereto ; for if the agreement be invalid, ho 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... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1874 - 678 pages
...reason also to prevail on the subject. I take it that nothing is considered as a part performance which does not put the party into a situation that is a...is put strongly in the case of Foxcraft v. Lister; there the party was let into possession on a parol agreement, and it was said that he ought not to... | |
 | William Fischer Agnew - Statute of frauds - 1876 - 614 pages
...the Court acts as follows : — " I take it that nothing is considered as a part performance which does not put the party into a situation that is a...agreement. This is put strongly in the case of Foxcraft v. Lyster ;(d) there the party was let into possession on a parol agreement, and it was said that he ought... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1876 - 708 pages
...nothing is to be considered as a part performance which does not put the party into a situation tlmt is a fraud upon him, unless the agreement is performed...admitted into possession, he is made a trespasser if there be no agreement. This is put strongly in the case of Forcraft \. Lysier : there the part3*... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1876 - 710 pages
...Redesdale, " that nothing is to be considered as a part performance which does not put the party iuto a situation that is a fraud upon him, unless the agreement...parol agreement, a man is admitted into possession, lie is made a trespasser if there be no agreement. This is put strongly in the case of Foxcraft v.... | |
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