The parties said: ‘Mrs Ford: Where would money come from if M [the principal debtor] had to repay andpound;1 million? Colin Searle [the second defendant, M’s chairman]: From wherever in the group the money was at the relevant time. I’ll make sure it is there. I am good for andpound;1 million.’ The judge had held … Continue reading Motemtronic Limited v Autocar Equipment Limited: CA 20 Jun 1996

An exchange of letters which together constituted a binding agreement would satisfy the requirements of Section 4 as it applied to contracts for the sale of land. Lord Selborne said: ‘The observation has often been made, that a contract established by letters may sometimes bind parties who, when they wrote those letters, did not imagine … Continue reading Hussey v Horne-Payne: HL 1879

A document began by referring to ‘the under mentioned parties’ and then referred to the parties in question by name in relation to various promises. Neither party signed the document and the question was whether the document constituted a sufficient note or memorandum signed by the parties to be bound within Section 4. Held: It … Continue reading Caton v Caton: HL 1867

ALSmith LJ discussed the 1677 Act: ‘The object of the Statute was to prevent fraud and perjury by taking away the right to sue on certain agreements if only established by verbal evidence . . The object of the statute being merely to exclude parol evidence, any writing embodying the terms of the agreement and … Continue reading In re Hoyle: CA 1893