(DOWNLOAD) "Dineen v. Sullivan" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Dineen v. Sullivan
- Author : Supreme Court of Montana
- Release Date : January 13, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1. Frauds, statute of ? Statute applicable here ? Memorandum not sufficient. Where an oral agreement involved sale of realty and sale of personalty worth more than $200 and was not to be performed within one year, it was invalid, and no evidence could be received thereof, unless written memorandum of agreement was sufficient to meet the statute of frauds. 2. Frauds, statute of ? Memorandum must contain essentials of contract. The written memorandum of an oral agreement required by statute of frauds must contain the essentials of the contract so that they may be ascertained from the writing without resort to oral evidence. 3. Frauds, statute of ? Where the complaint shows upon the face thereof that the memorandum did not contain all the essentials of the oral contract, and such essentials cannot be ascertained without resort to oral evidence, such memorandum is not sufficient under Montana statutes and such oral contract cannot be enforced. A complaint alleging terms of oral agreement to sell real property and personalty worth more than $200 not embodied in written memorandum of agreement, such as provisions for delivery of warranty deed and bill of sale upon payment of first installment and giving of mortgage as security for balance of purchase price, showed on its face that memorandum was insufficient to meet statute of frauds and that oral agreement could not be enforced at law or in equity.
 "Dineen v. Sullivan" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}