Clark v. City of Bradford Gas & Power Corp.

Citations

• 11 Del. Ch. 178
• 98 A. 368
• 1916 Del. Ch. LEXIS 33

Syllabus

<p>An action at law for damages will lie for a breach of an oral contract to execute a written agreement, the terms of which are fully agreed upon; and the same damages are recoverable therein as for a refusal to perform the contract, had it been executed in writing.</p> <p>A court of law will not give damages for a breach of an oral agreement to make a written agreement, where the oral agreement is unenforceable by reason of being within the Statute of Frauds.</p> <p>A court of equity will ordinarily not compel one of the parties to an oral agreement to execute and deliver the contract in writing as agreed, where the contract, not being in writing, is unenforceable by reason of the Statute of Frauds.</p> <p>’ Where an oral agreement to execute and deliver a written contract, the terms of which are fully agreed upon, has been partly performed by one of the parties, equity will enforce specific performance by compelling the delivery of the written contract, even where the agreement, not being in writing, is unenforceable by reason of the Statute of Frauds.</p> <p>An oral agreement for the execution of a written contract, whereby complainant should secure the right to extract gasoline from gas controlled by the defendant for a period of ten years, is within the Statute of Frauds as not performable within the space of one year.</p> <p>Specific performance will not be decreed to compel the execution and delivery of a written contract, pursuant to an oral' agreement whereby complainant was to have the right to extract gasoline from gas controlled by defendant for ten years, where there was no allegation of part performance, or the making of any outlay, or incurring of any expense after the making of any outlay,' or incurring of any expense after the making of the oral agreement in contemplation thereof, since such agreement was unen* forceable under the Statute of Frauds.</p> <p>Equity will not decree specific performance of an oral agreement to execute a written contrac