Dunphy v. Ryan

Citations

• 116 U.S. 491
• 6 S. Ct. 486
• 29 L. Ed. 703
• 1886 U.S. LEXIS 1790

Syllabus

<p>An agreement, on the' part of A to acquire title in his own name to a tract of land upon the best terms possible, and when acquired to convey to B an undivided part thereof, and on the part of B to pay to A his proportionate part of the purchase money and expenses incurred in obtaining title, is a contract for the. sale of lands within the Statute of Frauds : and the contract being verbal and not in writing as required by the Statute, A, after performing his part of the agreement, cannot recover from B his share of the price and expenses in an action at law founded upon and seeking to enforce the contract; nor in equity, under a statute which prescribes the same forms at law and in equity, when the pleadings show no allegation to la.y a foundation for equitable relief.</p>