56 Vt. 356 | Vt. | 1883
The opinion of the court was delivered b3r
This is a bill to compel a specific performance of a contract, not in writing for the conveyance of land. The facts are fully set forth in the master’s report. The defendants rely upon that provision of the Statute of Frauds which denies a right of action upon a contract for the sale of an interest in land, which is not in writing and signed by the party to be charged. The orator claims that the contract was for the sale of the note which was sued in the name of the defendant Baker and the land in question, set off upon the execution issued on the judgment obtained in that suit. lie contends that the contract was for a then present sale of the note contingent upon its payment being merged in the land in question with the title in Baker for him. The defendant contends that the contract was for the sale of the land, and not that of the note upon contingency. Although considerable might bo said in favor of the orator’s contention upon this branch of the case, without deciding the same, and assuming for present purposes that the contract was for the sale of the land, and within the operation of the provision of the Statute of Frauds set up in the answer, we think that the facts found by the master show such a part performance of the con
The case last above cited very clearly states what is required by way of part performance of a parol contract for the purchase of land to take such contract out of the operation of the Statute of Frauds, and to entitle the purchaser, in possession, to a decree for a specific performance of the contract. It is full authority for sustaining the decree of the Court of Chancery in this case. The decree is affirmed, and the cause remanded.