Lowther v. Potter

Citations

• 197 F. 196
• 1912 U.S. Dist. LEXIS 1408

Syllabus

<p>1. Frauds, Statute of (§ 117*) — Contracts for Sale of Real Property— Memorandum — Delivery.</p> <p>It is sufficient to take a parol contract for a sale of real estate out of the statute of frauds if a note or memorandum thereof is made and signed by the party to be charged, although it is not delivered, but retained in his own possession.</p> <p>[Ed. Note. — For other cases, see Frauds, Statute of, Cent. Dig. § 261; Dec. Dig. § 117.*] ,</p> <p>2. Frauds, Statute of (§ 117*) — Contracts for Sale of Real Property— Sufficiency of Memorandum — Undelivered Deed.</p> <p>An undelivered deed to real estate which contains no recital of a previous contract of sale does not of itself constitute a memorandum of such a contract which will satisfy the statute of frauds.</p> <p>[Ed. Note. — For other cases, see Frauds, Statute of, Cent. Dig. § 261; Dec. Dig. § 117.*]</p>