McCullough v. Sutherland

Citations

• 153 F. 418
• 1907 U.S. App. LEXIS 5100

Syllabus

<p>1. Specific Performance — Parties—Corporations.</p> <p>Where the owners of all the stock in a corporation agreed to convey the same to defendants and to execute a deed to the corporation’s property, the corporation as such was not a necessary party plaintiff to a suit to enforce specific performance.</p> <p>2. Corporations — Transfer of Stock — Effect.</p> <p>Where the owners of all the stock of a coal corporation agreed to transfer the same to defendants and to execute a deed of the corporation’s real estate, the transfer of the stock, franchises, and rights of the company unincumbered operated as a transfer of tbe real estate as effectively as the execution and delivery of a deed.</p> <p>3. Frauds, Statute of — Memorandum—Signature by Agent.</p> <p>Where a contract for the purchase of land is signed by the purchaser’s duly authorized agent in his own name as agent, such contract constitutes a sufficient memorandum in writing to satisfy the statute of frauds.</p> <p>[Ed. Note. — For eases in point, see Cent. Dig. vol. 23, Frauds, Statute of, §§ 251-260.]</p> <p>4. Same — Part Performance.</p> <p>Where defendants agreed, as part of the same transaction, to purchase a railroad and coal mining corporation, and they did in fact purchase and take over the railroad, such act constituted a sufficient part performance to satisfy the statute of frauds.</p> <p>[Ed. Note.- — Por cases in point, see Cent. Dig. vol. 23, Frauds, Statute of, §§ 287-292. J</p> <p>Sí. Specific Performance — Sale of Land — Parol Contract.</p> <p>A court of equity, in order to defeat fraud, will compel specific performance of a parol contract for the sale of land, if established by clear and convincing proof.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 44, Specific Performance, §§ 113-119.]</p> <p>6. Same —Parties—Lienors.</p> <p>Where, at the timé of a contract for the sale of all of the stock, assets, etc., of a corporation, there existed to the knowledge of all the i>arties a mo