Illustrative Cases On Equity Jurisprudence

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Fltton, 2 Dru. & War. 225; Wilson v. Wilson, 5 H.
t,. Cas. 40, 65; Manser v. Back, 6 Hare, 443; Clarke v. Grant, 14 Ves. 519; Cllnan v. Cook, 1 Schoales & L. 22.
The fraud most commonly treated as tak- ing an agreement out of the statute of frauds is that which consists in setting up the stat- ute against its performance, after the other party has been induced to make expendi- tures, or a change of situation in regard to the subject-matter of the agreement, or up- on the supposition that it was
... to be carried into execution, g.nd the assumption of rights thereby to be acquired; so that the refusal to complete the execution of the agreement is not merely a denial of rights which It was intended to confer, but the infliction of an unjust and unconscientious injury and loss. In such case, the party is held, by force of his acts or silent acquiescence, which have misled the other to his harm, to be estopped from setting up the statute of frauds. Hawkins v. Holmes, 1 P. Wms. 770; Parkhurst v.

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