Kingston v. Walters

Citations

• 16 N.M. 59
• 113 P. 594

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. The time of performance of a written contract within the statute of frauds may be enlarged by a subsequent oral agreement.</p> <p>2. If one who is entitled to a payment within a time fixed by a written agreement between himself and others for the sale of real estate, assures those who are to make the payment, before it becomes due, that they can have a longer time within which to make it than that stipulated in the agreement, and they, relying on that assurance, fail to make the payment within such stipulated time, the payee is estopped from claiming a breach of the agreement because of such failure.</p>