Kopp v. Reiter

Citations

• 146 Ill. 437
• 22 L.R.A. 273

Syllabus

<p>1. Statute op Frauds—sale of land—memorandum to take case out of the statute. This court has held, in a number of cases, that in order to ascertain what sort of writing is sufficient to meet the requirements of section 2 of the Statute of Frauds, no form of language is necessary, if only the intention can be gathered, and that any kind of writing, from a solemn deed down to mere hasty notes or memoranda in books, papers or letters, will suffice.</p> <p>2. But the writings, notes or memoranda must contain on their face, or by reference to others, the names of the parties, vendor and vendee, a sufficiently clear and explicit description of the property to render it capable of being identified from other property of like kind, together with the terms, conditions (if any) and price to be paid or other consideration to be given.</p> <p>3. And such writing, note or memorandum must be signed by the party to be charged, or, if signed by an agent, the authority of such agent must be in writing, signed by the party to be charged, and the contract, memorandum or note thereof made by the agent must also be in writing.</p> <p>4. Same—whether an undelivered deed may he a sufficient memorandum of a contract for the sale of land. Where the husband of the owner of a lot, without any authority, written or parol, from his wife, made a written contract for the sale of her lot on certain terms, which was not shown to her, and she afterward made a deed to the purchaser, which made no reference to the contract and failed to express its terms, and which she deposited with her husband to be delivered on certain conditions, but it was destroyed without delivery, it was held, that such deed could not be regarded as such a memorandum or note of the original contract as to take the case out of the Statute of Frauds.</p> <p>5. It is true that an undelivered deed is sometimes resorted to for the purpose of helping out the requirements of the Statute of Frauds, but if such a deed can be regarde