The Court:
—The statute of frauds introduces no new principle, but a new rule of evidence, requiring that contracts relating to lands shall be evidenced by writing and not otherwise. This rule is to prevent perjury, by avoiding the danger and removing the inducements to false swearing in relation to contracts relating to lands. The danger in this respect, and the necessity of the rule which the statute prescribes, are equally strong, whether the suit is directly upon the contract, or the contract is sought to be proved incidentally and by way of defence. The only question then is, whether this contract is for or concerning such an interest in lands as is within the statute 1 and being of the opinion that it is, we rule out any paroi evidence of such a contract.
This ended the case, and the plaintiff below had a verdict.