Couture v. Lowery

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the Statute of Frauds was adopted to prevent existing ownership to be upset by “parol evidence”
• noting that the Statute of Frauds was adopted to prevent existing ownership to be upset by “parol evidence”
• “Therefore, under this statute an affirmative defense cannot be put in issue by an objection to the evidence, and it follows that mere failure to object, if the statute is pleaded, is not a waiver.”
• “In order to hold the defendants to specific performance of the agreement to convey, they must either have personally signed a written agreement to sell the farm, or have duly authorized in writing an agent to sign for them. No such writing appears.”

Source: CourtListener parenthetical corpus (CC0).