 | Samuel March Phillipps - Evidence (Law) - 1820 - 838 pages
...of frauds, he must show acts unequivocally rcfering to and resulting from that agreement, such as a party would not have done unless on account of that very agreement, and willi a direct view to its performance, and the agreement set up must appear lo be the same with the... | |
 | Georgia. Supreme Court - Equity - 1885 - 952 pages
...definite and unambiguous in its terms ; they muse be such as necessarily result from the agreement, and as the party would not have done, unless on account...direct view to its performance, and the agreement so set up must appear to be the same as the one alleged to be partly performed. Lester vs. Foxcroft,... | |
 | Maryland. Courts: High Court of Chancery - Equity - 1851 - 616 pages
...party to a specific performance. He must show acts, unequivocally referring to and resulting from that agreement, such as the party would not have done unless on account of that very agreement. In this respect. I think, the present case is deficient, and therefore a specific performance cannot... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 812 pages
...agreement out of the statute, he must show acts unequivocally referring to, and resulting from, that agreement ; such as the party would not have done...agreement set up must appear to be the same with the other partly performed. There must be no equivocation or uncertainty in the case. The ground of the... | |
 | Michigan. Court of Chancery, Ebenezer Burke Harrington - Court rules - 1872 - 504 pages
...out of the statute of frauds, he must show acts unequivocally referring to and resulting from that agreement, such as the party would not have done unless...up must appear to be the same with the one partly performed—there must be no uncertainty or equivocation in the case. On what grounds performance of... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1874 - 1042 pages
...it from the statute of frauds, he must show acts unequivocally referring to and resulting from that agreement, such as the party would not have done unless...the agreement set up must appear to be the same with that partly performed. Phillips v. Thompson & Anthony v. Leftwich, (supra ;) 1 Lead. Cas. Eq. 570,... | |
 | Frederick Thomas White, Owen Davies Tudor - Equity - 1876 - 708 pages
...agreement out of the statute, he must show acts unequivocally referring to, and resulting from, that agreement ; such as the party would not have done,...partly performed. There must be no equivocation or uncertain!}* in the case. The ground of the inL LESTER V. FOXOROFT. terference of the court is not... | |
 | Georgia. Supreme Court - Equity - 1885 - 950 pages
...definite and unambiguous in its terms; they muse be such as necessarily result from the agreement, and as the party would not have done, unless on account...direct view to its performance, and the agreement so set up must appear to be the same as the one alleged to be partly performed. Lester vs. Foxcroft,... | |
 | Robert Thomas Devlin - Deeds - 1887 - 810 pages
...agreement out of the statute, he must show acts unequivocally referring to and resulting from that agreement; such as the party would not have done unless...and the agreement set up must appear to be the same hill v. Williams, 7 Blackf . 125 ; Buckmaster v. Harrop, 7 Ves. 346 ; Mundy v. Jolliffe, 5 Mylne &... | |
 | New Hampshire. Supreme Court - Law reports, digests, etc - 1887 - 702 pages
...performance must be such as the party would not have done except by reason of the agreement, and must be done with a direct view to its performance ; and the agreement...appear to be the same with the one partly performed. Phillips v. Thompson, 1 Johns. Ch. 149. The plaintiffs fail in both particulars. They show neither... | |
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It Is well settled that, if a party sets up part performance to take a parol agreement out of the statute, he must show acts unequivocally referring to, and resulting from, that agreement, such as the party would not have done, unless on account of that... 
