Work v. Cowhick

Citations

• 81 Ill. 317

Syllabus

<p>1. Statute oe Frauds—what is a compliance with. Where the administrator and the purchaser at a sale made by him as such, went to a scrivener immediately after the sale, and the administrator executed a deed, and the purchaser signed a note for the purchase money of the land, and the deed and note were left with the scrivener until the purchaser procured security on the note in accordance with the terms of sale, it was held, that the requirements of the Statute of Frauds were complied with, and thatthe administrator could recover in a suit against the purchaser for a failure to comply with the terms of sale.</p> <p>2. Coverture—to be mailable as a defense, must be pleaded. The objection that the defendant, at the time of making the contract sued on, was a married woman, comes too late upon a motion for a new trial. To be available as a defense, it should be pleaded.</p>