11 Vt. 190 | Vt. | 1839
The opinion of the court was delivered by
The contract entered into between the defendant and Wood in relation to the purchase of this house and lot, must be considered as binding upon the plaintiffs until rescinded by the defendant, which he did not do until his purchase of the lot of the creditors, and which he might well do, after all title had gone from the plaintiffs.
The statute of frauds does not make contracts, not reduced to writing, for the sale of land, void; but it provides that “no action shall be maintained thereon.” This contract was reduced to writing and signed by one of the parties. Not being signed by the defendant, the plaintiffs could maintain no action thereon against defendant. Some of the cases go so far as to say, that, on that account, the plaintiffs might have rescinded it. But, until the contract was rescinded by one of the parties, it remained in force as a ground of defence in all things done under it. And it is unnecessary to say, that the law will imply no contract where the paities have made an express stipulation. Expressum facit cessare tacitum.
Judgment affirmed,