McCarger v. Rood

Citations

• 47 Cal. 138

Syllabus

<p>Pabod Abgument to Execute a Lease.—A Court of Equity will, in a proper case, enforce the specific performance-of a parol contract to execute a written lease of land.</p> <p>Statute of Fbaud.—Part performance of a parol agreement to execute a written lease of land for more than one year takes the agreement out of the operation of the Statute of Frauds.</p> <p>Evidence in Suit to Enfoboe Specific Payment.—In an action to enforce a parol agreement to execute a lease of land, where plaintiff has entered into possession and farmed the land under the parol agreement, evidence on behalf of defendant that plaintiff has not properly farmed the land is not admissible, because it does not tend to prove that there had not been such part performance as takes the contract out of the Statute of Frauds.</p> <p>Impeaching Witness.—If the defendant calls a witness to prove the terms of a parol contract, the plaintiff may in rebuttal, to impeach the witness, prove by another witness declarations made by defendant’s witness as to what the contract was.</p>