Lynam v. Harvey

Citations

• 12 Del. Ch. 129
• 108 A. 850
• 1919 Del. Ch. LEXIS 21

Syllabus

<p>A written agreement providing that the purchaser should have the “Jesse Chandler farm at Granogue Delaware,” for a specified sum at the vendor’s death, held valid and enforceable.</p> <p>In an interpleader suit by an executor, a party seeking damages for the testator’s breach of contract to convey land cannot testify as to statements by the testator; such proceeding being within the statute providing that, in actions by or against executors in which judgment may be rendered for or against them, neither party can testify as to statements by the testator, etc.</p> <p>The wife of a party seeking to recover damages for a testator's breach of contract may testify regarding statements made by the testator, where she was one of his residuary legatees, since her interest was opposed to her husband’s and she was within the exception to the statute providing that in actions against executors neither party can testify regarding the testator’s statements.</p> <p>A vendor’s oral admission that the purchaser had certain rights under a written contract of sale is not inadmissible under the Statute of Frauds, since the admission was not a new agreement concerning land but an oral recognition of the original contract’s binding force.</p> <p>Where a purchaser sought damages for testator’s breach of contract to convey land, testimony that the testator had made a codicil to further protect the purchaser’s rights under the contract held inadmissible either as proof of a contract relating to land or to explain the.unambiguous words of the codicil.</p> <p>A purchaser's rights to enforce a written agreement under which certain land was to.be conveyed to him upon the vendor's death, held unaffected by the vendor’s subsequent execution of a codicil unless the purchaser had waived his rights under the contract.</p> <p>A purchaser need not enjoin the vendor from conveying to another, but may stand upon his agreement and sue for damages in case the vendor or his executor makes another convey