Chamberlain v. Abrams

Citations

• 36 Wash. 587
• 79 P. 204
• 1905 Wash. LEXIS 632

Syllabus

<p>Frauds, Statute of — Oral Agreement to Convey Lands— Damages for Breach of Contract — Trial—Nonsuit on Opening Statement. An action for damages for breach of a contract to oonvey lands, seeking to recover the value of the lands, which had been fully paid for and quitclaimed to the plaintiff by the defendants before they acquired any title, and which the defendants afterward sold to a bona fide purchaser, cannot be maintained and a nonsuit is properly ordered, where it appears from the opening statement of counsel that the agreement to convey was oral, since it is within the statute of frauds.</p> <p>Same — Quitclaim Deed as Memorandum of Sale. A quitclaim deed is not a sufficient memorandum to take an oral sale of lands out of the operation of the statute of frauds, when the grantors had no title at the time of the conveyance.</p> <p>Same — Payment as Part Performance. Payment of the purchase price is not a sufficient part performance of an oral agreement to convey lands to take the same out of the operation of the</p> <p>itute of frauds.</p>