A Treatise On the American Law of Vendor And Purchaser of Real Property volume

Cover A Treatise On the American Law of Vendor And Purchaser of Real Property volume
A Treatise On the American Law of Vendor And Purchaser of Real Property volume
Warvelle, George William, 1852-1940
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529 568; Richards v. Grinnell, 63 Iowa, Gwaltney v. Wheeler, 26 Ind. 415 44; Patterson v. Wone, 10 Ala. 444. Lesly v. Rasson, 39 Miss. 368 50 See Speyer v. Desjardins, 144 Bruce v. Hastings, 41 Vt. 380 111. 641. Trowbridge v. Wetherbee, 11 Allen 57 Chester V. Dickerson, 54 N. Y. (Mass. ), 361; Treat v. Hiles, 68 1; Holmes v. McCray, 51 Ind. 358; Wis. 344. AS AFFECTED BY STATUTE OF FRAUDS. 21o and llicn only in the profit. Sncli an agreement is rather one of ciiijdovnicnt or aj^^cncy than foi* a...n interest in hind. Nor will any tinst exist in resjiect to the profits otlier than such as arises upon the receipt by one of money which he has ajijreed to ])ay on sncli receipt to another. ^'-' So, also, a con- tract by which parties agree to accjuire laud togetlier, one fur- nishing the certificate and the other the labor and expense of surveying and jtrocnriiig a ]»atent for it, is not a contract for the purchase and sale of lands within the jirovisions of the statute of frauds. ^^ An agreement between two persons, by which one is to i)urchase land on the joint account of both, and each party is to contribute a moiety of the purchase money, and the title is to be made to both as tenants in com- mon, has been hold not to be within the statute of frauds, and, hence, valid though not in writing.

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