Commentaries On the Law of Sales And Collateral Subjects volume 2

Cover Commentaries On the Law of Sales And Collateral Subjects volume 2
Commentaries On the Law of Sales And Collateral Subjects volume 2
Jeremiah Travis
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St. _1783, c. 37, § 2. It provides that no action shall be maintained upon any con- tract or sale of lands, unless the agreement or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person by him thereunto lawfully authorized. It is quite impossible to go thiough the cases upon this branch of the statute of frauds. It is sufficient to say, in general terms, that, under this provision, the contract or memo- randum must express the... substance of the contract, with reasonable certainty, either by its own terms or by reference to some other deed, record, or other matter from which it can be ascertained xuith like rea- sonable certainty. " This is exactly the doctrine of the English cases ; the correct- ness of wliich even the Massachusetts court, in Attwood v. Cobb, 16 Pick. 227, fully and unqualifiedly affirm. Shaw, C. J. , continues : " The statute is intended as a shield. No particular forms are required, and it looks at the substance of the contract.

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