69 Vt. 535 | Vt. | 1897
The answer of the defendant has not been furnished. We are, therefore, not informed whether it sets up and relies upon the statute of frauds as a defense. If it does, the defendant has waived it by allowing the contract of 1869 and the unexecuted part of the contract of 1889 to to be proven by parol testimony without exception. As applicable to these contracts, that statute does not render them void nor unenforceable if allowed to be proven by testimony, not in writing signed by the party to be charged. Montgomery v. Edwards, 46 Vt. 151; Strong v. Dodds, 47 Vt. 354; Battell v. Matot, 58 Vt. 271; Scofield v. Stoddard, 58 Vt. 290. The solicitor for the defendant does not insist upon the statute as a defense. The orator is therefore entitled to have the contract of 1889 specifically enforced. This affirms the decree in regard to the lease of the half of the farm to which the defendant retained the title. •
The solicitor for the defendant contends that the contract of 1889 merged the contract of 1869. There is no contention that it did not so far as it went. The orator contends that it did not embrace all that was contained in the contract of 1869. By the latter contract the defendant agreed that if the orator would come home and help carry on the farm, the orator should have all the property when
The decree of the court of chancery is reversed as to the paragraph numbered 3 and confirmed as to other portions. The cause is remanded with a mandate, to hold the case in regard to the property embraced in paragraph 3, in accordance with the views herein expressed, and at the decease of the defendant to enter such a decree in regard to the property embraced in this paragraph as equity may require.