Peckham v. Balch

Decision Date11 October 1882
Citation13 N.W. 506,49 Mich. 179
CourtMichigan Supreme Court
PartiesPECKHAM v. BALCH and others.

A verbal agreement to convey land, being void under the statute of frauds, a bill against a wife, to compel a conveyance even though her husband made the agreement and received the consideration with her full knowledge and consent, cannot be maintained where there is no such part performance as will take the case out of the statute.

Payment of consideration for land sold under a verbal agreement will not always take the case out of the statute of frauds; nor will possession, where the purchaser, as a tenant in common merely remains in possession. Acts done as an owner and in reliance upon ownership and for which damages will not be adequate compensation are also necessary to entitle a party to the enforcement of such an agreement.

A bill to compel a conveyance under a contract must set up the facts relied upon to show such part performance as will take the case out of the statute of frauds.

Where specific performance cannot be enforced against a person who has verbally agreed to convey lands, the case will not be aided by showing that the land has been fraudulently granted to a third person.

Appeal from Montcalm.

Ellsworth & Sapp, for complainant.

W.E Hoyt and Mitchell, Bell & McGarry, for defendants and appellants.

MARSTON, J.

Under the allegations of the bill, and testimony in this case, the complainant could not compel a conveyance to him of the property in question by Mrs. Balch. Even if the agreement was made by her husband and the consideration received by him with her full knowledge and consent, as we are inclined to think, still the contract was void under the statute of frauds, and there was no such part performance as would take the case out of the statute. Payment of the consideration alone will not be sufficient in a case like the present, and the complainant being a tenant in common of the property, his continued possession would not be sufficient. It is not payment alone that will take a case out of the statute, but this with possession and acts done as owner in reliance thereon, that cannot ordinarily be compensated in damages which entitles a party to an enforcement of a verbal agreement relating to the sale of lands.

There is still another serious difficulty with the present case. The bill does not set out the facts relied upon or necessary showing such a part performance...

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1 cases
  • Peckham v. Balch
    • United States
    • Supreme Court of Michigan
    • October 11, 1882
    ...49 Mich. 17913 N.W. 506PECKHAMv.BALCH and others.Supreme Court of MichiganFiled October 11, A verbal agreement to convey land, being void under the statute of frauds, a bill against a wife, to compel a conveyance, even though her husband made the agreement and received the consideration wit......

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