Murphy v. Rooney
P. MURPHY v. JOHN ROONEY
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
Upon looking into the record, we are of opinion that the mutual promises of McCloy and Carroll, contained in the written agreement of November, 1865, constitute a sufficient consideration to support the agreement, and so take it out of the eighth section of the Statute of Frauds.
The Court having found the fact that by mistake of the .draftsman some of the terms of the agreement had been omitted in drawing it up, should have entered a decree re*80forming the instrument in those particulars, and specifically enforcing it as reformed.
Judgment reversed, and cause remanded for further proceedings, not inconsistent with this opinion.
Cited by
- Hotle v. Miller Sac. 6819 · 1959-02-06