Wheeler v. Frankenthal & Bro.

Citations

• 78 Ill. 124

Syllabus

<p>1. Statute op Frauds—pa/rol contract for a lease of lands not void in all cases. A parol contract, which is required to be in writing by the Statute of Frauds, where the parties treat it as obligatory until executed, is not void; and such a contract may also be available for some purposes in equity, or in an action, in some instances, to recover on a quantum meruit.</p> <p>3. Same—contract, when void,, can not he used in defense. A parol contract within the provisions of the Statute of Frauds can not be made the ground of a defense, any more than of an action.</p> <p>3. Same—pa/rol lease not to he performed within a year. A parol agreement, made in July, for the leasing of land, the term to commence on the first day of August following, and continue for one year thereafter, is within the first section of the Statute of Frauds, and void at law.</p> <p>4. Same—part performance. Part performance of a verbal contract within the Statute of Frauds has no effect, at law, to take the case out of its provisions. This can only be done in equity.</p>