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" 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 - Σελίδα 462
των Samuel March Phillipps - 1816 - 692 σελίδες
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Reports of Cases Argued and Determined in the High Court of Chancery in ...

Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - 1808 - 526 σελίδες
...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...

Reports of Cases Argued and Determined in the Court of King's Bench ..., Τόμος 2

1815 - 478 σελίδες
...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...

A Digest of the Laws of England, Τόμος 7

Sir John Comyns - 1822 - 1074 σελίδες
...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...

The Present Practice and Costs in the High Court of ..., Τόμοι 1-2;Τόμος 952

Samuel Turner - 1825 - 1024 σελίδες
...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,...

A General Treatise on the Principles and Practice by which Courts ..., Τόμος 2

John Eykyn Hovenden - 1825 - 734 σελίδες
..."""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...

An Essay on Marketable Or Doubtful Titles to Real Estate

Solomon Atkinson - 1838 - 356 σελίδες
...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....

Reports of Cases Adjudged in the Supreme Court of Pennsylvania ..., Τόμος 1

Pennsylvania. Supreme Court, Frederick Watts, Henry Jonathan Sergeant - 1842 - 614 σελίδες
...seems now to be adopted and laid down is, that nothing shall 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. Clinan v. Cooke. (1 Sch. $ Lefr. 41) ; 2 Story's Eq. 66, pi 761 ; M'Kce v. Phillips, (9 Watts 86)....

Reports of Cases Argued and Determined in the High Court of ..., Τόμος 3

Francis Vesey, Great Britain. Court of Chancery - 1844 - 800 σελίδες
...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...

The Doctrine of Equity: Being a Commentary on the Law as Administered by the ...

John Adams - 1852 - 816 σελίδες
...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...

The Law of the Contract of Sale

Solomon Atkinson - 1853 - 564 σελίδες
...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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