 | Abraham Clark Freeman - 1911 - 1026 lehte
...performance of the contract thus varied, and such relief may be granted although the agreement is one which by the statute of frauds is required to be in writing. This view, in my opinion, is not only supported by the overwhelming preponderance of judicial authority,... | |
 | Ohio. Courts - 1898 - 622 lehte
...ANSWER. Where defendant seeks to bar plaintiff's right of action by reason of a promise or agreement, which by the statute of frauds is required to be in writing, defendant's answer must show such promise or agreement to be in writing. HEARD ON MOTION by plaintiff... | |
 | Burr W. Jones - 1896 - 784 lehte
...parties.6 Many of the illustrations there given show that the rule applies as well when the contract is one which by the statute of frauds is required to be in writing. 1, See sec. 449 infra. 2, Peachy's case (not reported) Rolls ET 1759; Day v. Lown, 51 Iowa 364; Sanford... | |
 | Wayland Everett Benjamin - 1898 - 492 lehte
...cannot be made available." The later cases all seem to hold that where the complaint avers a contract, which by the statute of frauds is required to be in writing, but the complaint is silent as to whether or not it is in writing, then it is necessary for the defendant... | |
 | Colorado. Court of Appeals - 1905 - 690 lehte
...allegation will be supported only by proof of a valid assignment. It is held that in suing upon a contract which, by the statute of frauds, is required to be in writing, it is unnecessary to aver that it was in writing. An allegation that it was made, amounts to an allegation... | |
 | 1909 - 1164 lehte
...performance of the coutract thus varied, and such relief may be granted although the agreement is one which by the statute of frauds is required to be In writing. This view, in my opinion, is not only supported by the overwhelming preponderance of judicial anthority,... | |
 | William Frederick Elliott - 1913 - 1292 lehte
...by the lessee under the lease cures defects in the description.84 Where the lease to be valid under the Statute of Frauds is required to be in writing, it has been held that a defective or totally inadequate description cannot be cured by parol evidence.1'7... | |
 | William Hiram Courtright, George S. Berry - 1915 - 790 lehte
...§25. Part performance in general. (a) Where there has been part performance of a verbal contract, which, by the statute of frauds, Is required to be in writing, the contract Is enforceable in equity — otherwise the statute of frauds would operate to protect... | |
 | 1917 - 1106 lehte
...Contracts — statute of frauds — contract by agent — right of principal to sue. Where a contract which by the statute of frauds is required to be in writing has been made by an agent in such terms that the agent is not himself liable as one of the contracting... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1920 - 718 lehte
...Kolb, 23 ND 158, 134 NW 879. "Oral evidence is not admissible to supply defects in a written contract which by the Statute of Frauds is required to be in ,writing." Phelan y. Neary, 117 NW 142; Paul v. Paul, 125 Mo. 9, 28 SW 171; Wringer v. Holtzclaw, 112 Mo. 519,... | |
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... the agreement is one which by the statute of frauds is required to be in writing. 
