 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
 | Delaware. Court of Chancery - Equity - 1876 - 584 pages
...money, or a part 54 Opinion :—whether part payment sufficient as a part performance. thereof, would put the party into a situation that is a fraud upon him, unless the agreement is performed, the Court upon the principle of preventing fraud should decree a specific performance; provided, the... | |
 | Law - 1878 - 442 pages
...nothing is to be considered as part performance that does not put the party into a situation that it is a fraud upon him unless the agreement is performed....admitted into possession, he is made a trespasser if there be no agreement." *********** "Payment of money is not part performance, for it may be repaid,... | |
 | William A. Shinn - Bankruptcy - 1878 - 640 pages
...nothing is to bo considered as part performance that does not put the party into a situation that it is fraud upon him unless the agreement is performed....admitted into possession, he is made a trespasser if there be no agreement. ******* " Payment of money is not part performance, for it may be repaid,... | |
 | John Norton Pomeroy - Contracts - 1879 - 682 pages
...After laying down the general doctrine, " that nothing is to be 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," he added, "payment of money ¡3 not part performance, for it may be repaid, and then the parties will... | |
 | William Meecham Bythewood, George Sweet - Conveyancing - 1884 - 956 pages
...purchasemoney. 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...to answer as a trespasser if there be no agreement. . . . Payment of money is not part performance, for it may be repaid, and then the parties will be... | |
 | Law reports, digests, etc - 1910 - 1168 pages
...which is a fraud upon him, unless the agreement Is fully performed. Thus, for Instance, If upon a paroi agreement a man is admitted into possession, he is...to answer as a trespasser, if there be no agreement valid in law or equity. Now, for the purpose of defending himself against a charge as a trespasser,... | |
 | Sir Edward Fry - Contracts - 1884 - 868 pages
...now well established, both in this country and in England. Mr. Justice Story says: "If upon a purol agreement a man is admitted into possession, he is...to answer as a trespasser if there be no agreement valid in law or equity. Now, for the purpose of defending himself against a charge as a trespasser,... | |
 | Law reports, digests, etc - 1892 - 1150 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...parol agreement a man is admitted into possession, be is made a trespasser, and is liable to answer as a trespasser, if there be no agreement. This is... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...Tilton, 9 NH 385, 390; Kldder т. Barr, 35 NH 235, 255. In 2 Story, Eq. Jur. § 761, the author says: "If, upon a parol agreement, a man is admitted Into...to answer as a trespasser, If there be no agreement valid in law or equity. Now, for the purpose of defending himself against a charge as a trespasser,... | |
 | Robert Thomas Devlin - Deeds - 1887 - 812 pages
...Clinan /•. Cooke, said: "I take it 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 : " See also Lester v. Foxcraft, 1 Colles, 108 ; Farrar v. Patton, 20 Mo.... | |
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