Harris v. Hardwick

Citations

• 18 N.M. 303
• 137 P. 581

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>1. A agreed with B that he would procure a mortgage on land owned by A to be foreclosed and sold on execution. B agreed to become a purchaser of the land at such sale, and to pay to A the difference between the price he was required to pay for the land less than $3500.00. The contract was fully performed, and B was placed in possession of the land. under a deed executed to him under such foreclosure proceedings. He refused to pay A the agreed difference of $925.00. Held, that the vendor could recover the stipulated, price.</p> <p>P. 310</p> <p>2. The statute of frauds is no bar to an action for the price of land actually conveyed, where the deed has been accepted or title has otherwise passed, although the grantor could not have been compelled to convey, or the grantor to-accept a deed, because the contract was oral.</p> <p>P. 309-</p>