 The general rule is that nothing is to be considered as a part performance which does not put the party into a situation which is a fraud upon him, unless the agreement is fully performed.  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Halaman 588oleh Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, Robert Graves Morrow, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1906Tampilan utuh - Tentang buku ini
 | James Philemon Holcombe - 1846 - 376 halaman
...and held under it ; the Court held, contract has been partly executed, and thereby one party put into a situation which is a fraud upon him, unless the agreement is fully performed, a specific execution will be decreed. It is sometimes difficult to ascertain what... | |
 | New York (State). Court of Chancery - 1850 - 826 halaman
...moreover, nothing'/ is to be considered as a part performance, which does not put the I party into a situation which is a fraud upon him, unless the agreement is fully performed. (2 Story's Eq. Jur. § 761, 762,764 ; Cole v. White, cited in 1 Bro. Oh. Ca. 409,... | |
 | Mercer Beasley - 1860 - 634 halaman
...the operation of the statute. There has been such a performance on both sides as puts the complainant in a situation which is a fraud upon him, unless the agreement is fully performed. In pursuance of the agreement, the defendant and his wife took the complainant, when... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1860 - 642 halaman
...this sort, is, that nothing is to be considered part performance which does not put the party into a situation which is a fraud upon him, unless the agreement is fully performed." Can it be insisted that Wilson, in fulfilling the terms of his joint contract with... | |
 | Illinois. Supreme Court - 1920 - 694 halaman
...Equity Jurisprudence : "Nothing is to be considered as a part performance which does not put a party in a situation which is a fraud upon him unless the agreement be fully performed." We regard the proof in this record as wholly insufficient to sustain the decree,... | |
 | Joseph Story - 1866 - 860 halaman
...sort, is, that nothing is to be considered as a part-performance, which does not put the party into a situation, which is a fraud upon him, unless the agreement is fully performed.3 Thus, for instance, if upon a parol agreement a man is admitted into possession,... | |
 | Nathan Howard (Jr.) - 1867 - 636 halaman
...STORY, " that nothing is to be considered as a part performance, which does not put the party into a situation, which is a fraud upon him, unless the agreement is fully performed." (2 Story's Eq. Juris. § 761 ; Molina agt. Brown, 4 Comsi. R. 403.) To permit the... | |
 | Joseph Story - 1870 - 948 halaman
...sort, is, that nothing is to be considered as a part-performance, which does not put the party into a situation, which is a fraud upon him, unless the agreement is fully performed.2 Thus, for instance, if upon a parol agreement a man is admitted into possession,... | |
 | Sir Thomas Wardlaw Taylor - 1875 - 640 halaman
...this sort, is, that nothing is to be considered as a part-performance, which does not put the party in a situation, which is a fraud upon him, unless the agreement is fully performed(c). 571. In order to make the acts such as a court of equity will deem part-performance... | |
 | John Barbee Minor - 1877 - 1150 halaman
...and sale of lands has been in part performed, and the act of part-performance places the plaintiff in a situation which is a fraud upon him unless the agreement is executed, the courts of equity will not permit the defendant to protect himself against the execution of the... | |
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