Vose v. Strong

Citations

• 144 Ill. 108
• 33 N.E. 189

Syllabus

<p>1. Statute of Frauds — contract for a share in the increase in the value of lands. A claim of an agent that he was to have a certain percentage in the increase in value of the lands of his principal for his looking after the same and collecting the rents, etc., being in the nature of a lien upon or interest in such lands, is within the Statute of Frauds.</p> <p>2. Same —performance of oral contract — taking the case out of the statute —proof required. Even where there is performance of an oral contract sufficient to take the case out of the statute, a court of equity will not enforce such contract, unless the proof of its terms is clear and satisfactory.</p> <p>3. Witness — competency in his own behalf— contract between witness and testator. The complainant in a bill against the executors of the will of a deceased person for an accounting of the sum due him from the testator at the time of his death is, under section 2, chapter 53, of the statute, incompetent to testify in his own behalf as to the contract between himself and the testator.</p> <p>4. Appeals and writs op error —failure to assign cross-errors — questions not considered. Where the appellee fails to assign for cross-error the finding of a special contract against him, and that there is a variance between the complainant’s allegations in his bill and the proofs, those questions will not be before this court for consideration.</p>