Horace Gray

“ It may be admitted that the original memorandum of November 21st, signed by Bell in the presence and by the authority or assent of both parties, which stated a sale by Wiggins to the defendants of 'a lot of seventy acres of land,' and specified the terms of payment in cash and notes, was not of itself a sufficient memorandum to satisfy the statute of frauds, because it in no way described or gave any means of identifying the land sold. ”

“ For this reason the defendants cannot have been prejudiced by the instructions given to the jury; and it becomes unnecessary to consider whether, under the statute of frauds of Pennsylvania, as expounded by the supreme court of that state, the memorandum of a contract for the sale of land need by signed by the buyer, as well as by the seller, in order to maintain such an action as this. See Browne, St. Frauds, (4th d.) ”

“ Prompt action on your part is demanded. If you do not at once return the money and receipt, I have advised them to promptly take such action as the facts now in their possession certainly justify.' On November 30th Wiggins wentto Bradford, saw Bayne and Fuller, tendered them the second deed, and demanded the money and notes, in accordance with the original contract, and they refused to give them or to accept the deed. The defendants relied on the provisions of the statute of frauds of Pennsylvania, copied in the margin ”