 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
 | Law reports, digests, etc - 1907 - 1210 pages
...the party Into a situation which is a fraud upon him, unless the agreement Is fully performed. Thus, for instance, if upon a parol agreement a man Is admitted...to answer as a trespasser, if there be no agreement valid In equity or law. Now for the purpose of defending himself against a charge as a trespasser,... | |
 | William Frederick Webster - Real property - 1889 - 538 pages
...unequivocally different from what it would have been had there been no agreement. MEMORANDUM. ment a man is admitted into possession, he is made a trespasser,...no agreement. This is put strongly in the case of Foxernft v. Lister (2 Vern. 456) ; there the party was let into possession on a parol agreement, and... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1074 pages
...put the party in a situation which is a fraud upon him unless the agreement is fully performed. Thus, for instance, if, upon a parol agreement, a man 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... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1062 pages
...the party in a situation which is a fraud upon him. unless the agreement is fully performed. Thus, for instance,. if, upon a parol agreement, a man is admitted into possession,. he ia made a trespasser, and is liable to answer aa a trespasser if there be no agreement valid in law... | |
 | William Donaldson Rawlins - Contracts - 1899 - 224 pages
...(Maddison v. Alderson, ubi supra, at p. 479). Further, " 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" (Clinan v. CooJce, 1802, 1 Sch. & Lef . at p. 41 ; 9 RR at p. 9). And again, "it is not enough that... | |
 | Thomas Johnson Michie - Law reports, digests, etc - 1907 - 1064 pages
...Sch. & Lefr. 22, Lord Redesdale says: 'I take it that nothing is considered a part performance, which does not put the party into a situation, that is a...admitted into possession, he is made a trespasser, and liable to answer as a trespasser if there be no agreement. That I apprehend, is the ground, on which... | |
 | Law reports, digests, etc - 1910 - 1320 pages
...fully perform«!. Thus, for Instance, If upon a paroi 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 valid in law or equity. Now, for the purpose of defending himself against a charge as a trespasser,... | |
 | Walter Edwin Lear - Law reports, digests, etc - 1911 - 586 pages
...reason 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... | |
 | John A. Shields - Antitrust law - 1912 - 940 pages
...promise of the defendant, equity will not interfere. 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 just as... | |
 | Edgar Noble Durfee - Mortgages - 1915 - 554 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...no agreement. This is put strongly in the case of Foxcroft v. Lester [Coll. PC 108, 2 Vern. 456]. There the party was let into possession on a parol... | |
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