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· 3/16/1891

Bayne v. Wiggins

Citations

  • 139 U.S. 210
  • 11 S. Ct. 521
  • 35 L. Ed. 144
  • 1891 U.S. LEXIS 2374

Syllabus

<p>If, after an oral agreement for the sale of land, the purchaser executes a deed, describing the land by metes and bounds, but insufficiently acknowledged to pass title, and sends that deed to the vendor in a letter stating the terms of payment in cash and notes, and requesting payment accordingly ; and the purchaser replies by lette”, containing a draft of a similar deed with a sufficient acknowledgment, requesting that it be executed instead of the other, and promising, on receipt of it, to “ forward money, notes and old deed; ” the two letters, and the deed inclosed in the first letter, together constitute a sufficient memorandum in writing to take the contract out of the statute of frauds.</p>

Judges: Gray

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