A defence founded on the Statute of Frauds may be taken by demurrer.
A demurrer, for that, it appears on the bill that the agreement therein alleged to have been entered into, is not in writing signed by the Defendant, is not a speaking demurrer.
A memorandum that A. had paid to B. andpound;60 as a deposit in part payment of andpound;1000 for the purchase of a house, the terms to be expressed in an agreement to be signed as soon as prepared. Held, not a sufficient agreement in writing.
An allegation that the defendant had approved of a draft agreement, but had asked that, in order to save him the trouble of writing till it was copied, he might be allowed to call and sign the fair copy in the morning, which he promise but failed to do: Held, not a sufficient allegations of fraud to preclude him from setting up the Statute of Frauds as a defence.
[1854] EngR 313 (B), (1854) 5 De G M and G 41
Commonlii
England and Wales
Land, Contract
Updated: 05 December 2021; Ref: scu.293170
