(Download) "Johnson v. Elliot" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Johnson v. Elliot
- Author : Supreme Court of Montana
- Release Date : January 09, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Frauds, statute of ? Requirements of Statute of Frauds. The statute of frauds requires that an agreement for the sale of realty or an interest therein must be evidenced by a note or memorandum in writing, subscribed by the party to be charged or his agent. 2. Frauds, statute of ? Fact in writing is a matter of proof. The fact that the contract is in writing is a matter of proof and not an allegation in pleading. 3. Frauds, statute of ? Effect of pleading contract. The law will presume that the contract was in writing in the absence of any statement to the contrary. - Page 598 4. Contracts ? Elements of contract cause of action. To state a cause of action ex contractu, the complaint must disclose a valid agreement, a right in the plaintiff, and a breach by defendant. 5. Specific performance ? Contract sufficiently pleaded here. A complaint alleging that defendants agreed to sell realty for a specified consideration, and that plaintiffs agreed to purchase the realty, sufficiently pleaded a contract. 6. Frauds, statute of ? Contents of memorandum. The memorandum must contain all the essentials of the contract but if the material elements are stated in general terms all the details or particulars need not be stated. 7. Frauds, statute of ? Words &; Phrases ? "Party to be charged". The "party to be charged", the party to be charged is the party to be charged in the particular suit. 8. Specific performance ? Effect of institution of action ? Mutuality. A plaintiff who had not signed contract for sale of realty to plaintiffs supplied the necessary mutuality of obligation by institution of the action on the contract. 9. Contracts ? Effect where no time for payment is fixed. Where no time of payment is fixed the law implies a reasonable time and that has been held to be sufficiently certain for specific performance. 10. Contracts ? Signing and naming parties. The memorandum may consist of several writings and while both parties need not sign, yet they must be named in the writing. 11. Corporations ? Right to object to sale of corporations land. A person who was not a stockholder could not object to sale of land belonging to corporation.
 "Johnson v. Elliot" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}