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Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract
Quasi-Contracts - Statute Of Frauds - Right To Restitution Of Money Paid On Oral Land Contract
Michigan Law Review
Plaintiff paid $1,000 on an oral agreement for the purchase of land. Defendant admitted receipt of the money but alleged he was ready, able, and willing to comply with the terms of the agreement and convey the land. Held, that since the contract was void under the statute of frauds, plaintiff might recover. Reedy v. Ebsen, (S. D. 1932) 242 N. W. 592.
Statute Of Frauds-Oral Modification Of Written Agreement
Statute Of Frauds-Oral Modification Of Written Agreement
Michigan Law Review
The vendor sued on a written contract of sale. The defense was that subsequent to the formation of the contract the parties had orally agreed to extend the time for payment and delivery one year. The vendor argued that the contract, being within the statute of frauds, could not be modified by a parol agreement. Held, in Bemis Bros. Bag Co. v. Nesbitt that performance of a written contract may be extended by subsequent oral agreement.
Contracts - Consideration - Agreement To Modify A Lease
Contracts - Consideration - Agreement To Modify A Lease
Michigan Law Review
Defendant leased from the plaintiff's assignor certain premises for a term of five years. After the lease was partially performed, the parties orally agreed to reduce the rent. The lessee, shortly before the expiration of the term, defaulted under the oral agreement. Plaintiff sued the defendant for the difference between the rent reserved and that which was paid under the oral agreement. Held, that an executed oral agreement, or so much of it as has been performed, will serve as a modification of a lease without regard to the presence or absence of consideration, but that which is executory …