McCarthy v. Pope

Citations

• 52 Cal. 561

Syllabus

<p>Statute oe Pbauds.—Where plaintiff made a parol contract for the purchase of land, and subsequently by parol agreed with defendant to permit him to become the purchaser in his stead, and in pursuance of this agreement and by direction of plaintiff the land was conveyed to defendant: held, that in an action to recover the value of the assignment, the defendant could not rely upon the Statute of Frauds.</p> <p>Idem.—Although the statute requires a contract for the sale of land to be in writing, yet, if in pursuance of a parol contract the land is conveyed, there is nothing immoral about the transaction.</p> <p>Considebation.—The assignment of a right is a valuable consideration to support a promise to pay its reasonable value, where the assignee obtains the benefit of such right.</p> <p>Idem.—The assignment of the contract, and substitution of defendant instead of plaintiff, and the procurement of a conveyance to defendant, is the consideration of the above contract.</p> <p>Coktbact.—Had the owner refused to convey to defendants, a conveyance could not have been enforced, and the contract would be inoperative. But the contract having been executed, the Statute of Frauds cuts no figure between plaintiff and defendant.</p> <p>Assumpsit—will lie in the above case.</p>