Gallagher v. Mars
JOHN GALLAGHER v. JAMES A. MARS, CHARLES M. HITCHCOCK, Administrator of the Estate of E. A. HITCHCOCK, JAMES ADAMS and SAMUEL C. HARDING
- 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:
The alleged agreement on the part of defendant to reconvey the land was void under the Statute of Frauds. The case is one, therefore, in which the plaintiff sold and conveyed the lands to defendant, the latter to pay the purchase-price *26on demand; and as the bringing of this equitable action was a sufficient demand, the plaintiff is entitled to have his vendor’s lien declared and enforced. (Leman v. Whitley, 4 Russell’s Ch. 423.)
Judgment and order reversed, and cause remanded for a new trial.
Cited by
- Barr v. O'Donnell No. 11309 · 1888-06-09