65 A. 255 | N.H. | 1906
The plaintiffs claim that the fact Mrs. Poole lived in the house for three years without enforcing her agreement with White estops her to set it up now that he is dead. This claim has no merit, for the court has found that the reason a conveyance was not made in his lifetime was because both White and Mrs. Poole thought a farm would be better for her; and that as soon they found they could not trade the house for one, he arranged to convey the house to her, but died before he could do it.
The test to determine whether a parol contract is definite enough to sustain a decree for specific performance is the same as it would be if the contract were in writing. 4 Pom. Eq. Jur. (3d ed.), s. 1409. A written contract is sufficiently definite whenever it is reasonably certain from the contract itself and the acts of the parties in performance of it what land was intended. Troup v. Troup, 87 Pa. St. 149; Work v. Welsh,
If the plaintiffs' refusal to convey the property to Mrs. Poole will operate as a fraud on her, her action is not barred by section chapter 225, Public Statutes. White v. Poole,
A husband's interest in his wife's property does not disqualify him from being a witness in her favor, even when the other party is an administrator who does not elect to testify. Smith v. Wells,
It cannot be said as a matter of law from the reported facts that there was any legal error in the admission of Storrs' testimony. If White sent Poole to Storrs to arrange for a transfer of the property through him, what Storrs testified to was not hearsay.
The plaintiffs offered to show by Mrs. White what White said concerning the house when Mrs. Poole was not present. Such evidence was inadmissible, for it consists of declarations in White's favor; and notwithstanding they were made while the house was in process of construction, they were not made on the land, nor were they in any way connected with the erection of the house or the purchase of the lot.
Exceptions overruled.
All concurred.