Swisher v. Conrad

Citations

• 76 Fla. 644
• 80 So. 564

Syllabus

<p>1. Every agreement which is required to be in writing under the Statute of Frauds, must be certain in itself, or capable of being made so by a reference to something else whereby the terms can be ascertained with reasonable certainty, without reference to parol proof. The entire agreement must be in writing and signed by the party to be charged.</p> <p>2. An executory agreement for the sale of land which fails to describe or otherwise identify the land and to name the purchase price and time of payment, is not enforceable.</p> <p>3. The written memorandum for the sale of land required by the Statute of Frauds cannot rest partly in writing and partly in parol, but the written memorandum must disclose all the terms of the sale.</p> <p>4. The Statute of Frauds requires that where there is a contract for the sale of lands “the agreement or promise * * * or some note or memorandum thereof, shall be in writing.” If the agreement or the promise or the note or memorandum thereof that is in writing, does not of itself or by permissible and proper reference disclose the essential terms of the contract to which the signed agreement or promise or the note or memorandum thereof refers, no action can be brought thereon, since the Statute is designed to prescribe the only mode by which an otherwise enforceable contract may be evidenced.</p> <p>5. A check endorsed “For first payment Conrad property foot of Waddell St.” and the amount thereof paid to the land owner’s agent, is not a sufficient “agreement or promise * * * or note or memorandum thereof” to evidence a contract for the sale of land under the Statute of Frauds; and an action for -damages for refusal to convey land cannot be maintained on such check.</p>