Lasher v. Gardner

Citations

• 124 Ill. 441
• 16 N.E. 919

Syllabus

<p>1. Statute of Frauds—of the character of writing required. In certain enumerated cases the statute requires the contract, or some memorandum thereof, to be in writing, signed by the party to be charged, or if the contract is by an agent, his authority must be in writing, signed by the party to be charged; and the contract to be entered into by the agent, or some memorandum, must also be in writing and signed by him.</p> <p>2. The statute does not require that the contract itself shall be reduced to writing. It is sufficient if there be a memorandum of the contract in writing, signed by the party to be charged, or by some one by him duly authorized.</p> <p>3. No particular form of language is necessary to constitute the memorandum requisite to satisfy the requirements of the statute. An admission in writing of the bargain having been made, although it may not furnish exclusive evidence of the contract, as a final agreement would do, or an offer in writing so stating the proposal that its mere acceptance would fix the terms of the bargain, will, if accepted, satisfy the statute, and the acceptance of the offer in writing, may be shown by parol.</p> <p>4. Same—of authority to an agent—whether in compliance with the statute. The owner of certain real estate gave his agent a written authority to contract with the owner of a house for the even exchange of their properties, provided the house should be rented to the latter for a certain specified term of years at a specified annual rental, the rent to be properly secured, leaving the details of the contract to his agent. The agent of the owner of the house saw the holder of this power, and was anxious to close the bargain on the terms named in such power, but he declined to close the contract at that time, and before any contract was made his power was revoked: H'eld, that the written authority to make the exchange was not a contract or memorandum of a contract, within the meaning of the Statute of Frauds.</p> <p>5. Con