Box v. Stanford

Citations

• 21 Miss. 93

Syllabus

<p>It is the settled doctrine in this state, that part performance will not take a parol sale of lands out of the statute of frauds ; no exceptions of that character will be ingrafted on the statute.</p> <p>Neither will it be sufficient to take the case out of the statute, that it formed a part of the contract itself, that it should be reduced to writing, but the vendor fraudulently evaded this part of the agreement.</p> <p>When fraud is charged in the bill, it need not be answered, if the bill, admitting the fraud, presents no ground for relief; a bill therefore to enforce a parol sale of land, charging the defendant with fraudulently refusing to reduce the agreement to writing, though it was part of the contract it should be so reduced, may be demurred to, without an answer to the charge of fraud.</p>