William Johnson

“ The form is not regarded, nor the place of signature, provided it be in the handwriting of the party or his agent, and furnish evidence of a complete and practicable agreement. A Court of Equity will supply no more than the ordinary incidents to such an agreement; such as the ingredients of a complete transfer, usual covenants, &c.
At first view, this would seem to be an anomalous case, but it is only necessary to reduce it to its elements, in order to discover, that it is one known to the adjudications of Courts of Equity on this statute. ”

“ That about the 18th of May 1818, the complainant and the defendant purchased an estate on the Eastern Branch of the Potomac in the city of Washington, upon which were erected a dwelling house, warehouse, and wharf, and which was held by the complainant and the defendant as tenants in common. Large expenditures were made by the complainant for the repairs of the property, and the defendant was considerably indebted to the complainant for his proportion and share of the same. ”

“ It is written evidence, which the statute requires, and a note or letter, and even in one case, a letter, the object of which was to annul the contract, on a ground really not unreasonable, (1 Atk. 12. 1 Sch. & Lef. 22,) has been held to bring a case within the provisions of the statute. But, in the present instance, although not the sole object of creating the instrument, it really was an object, and an important one, inasmuch as the balance of account, the immediate object of the stated account, mainly depended upon the item for the sale of these premises. ”

“ Rice, held a mortgage of a quantity of leather to the value of 7000 dollars, given to secure to them certain sums advanced on behalf of one James D. Barry; that the defendant Robert Barry had assumed the debts of James D. Barry, and thereby acquired a resulting use, or equity of redemption, in this leather. That the sum for which Coombe held his lien on the leather, to wit, 4209 dollars, was one of the items of account in the exhibit upon which the complainant relies, to obtain a decree for specific performance. ”

“ Because the appellant practised finesse to evade the instantaneous execution of the agreement, by promising that he would, in a few days, reduce it to the more solemn and consummate form of a regular conveyance for the land, and of promissory notes for the balance of account remaining due, after taking credit for the purchase money of the land ”

“ Carroll was examined; and it is argued, that his testimony as to those facts goes to prove, that he was mistaken in the view which he took of the transactions; that they go to prove that there was something yet to be done, before the agreement should be closed. Coombe, it seems, insisted that Barry should give his note for the balance stated, and a deed for the property before he left Washington. This Barry resisted, and finally left Washington without doing either, and returned to his home at Baltimore. ”

“ The mixed, would consist of those cases in which, although the ambiguity is suggested on the face of the instrument, the face of the instrument also suggests the medium by which the ambiguity may be removed. ”

“ Because the contract has been completely executed, on the part of the purchaser, by payment of all the purchase money, and, in part, executed on both sides, by an exclusive, long continued, and unquestioned possession in the purchaser, under the contract. 3dly. Because the purchaser has made large expenditures, in extensive, and beneficial improvements of the property, upon the faith of the contract. ”