 | Edward Burtenshaw Sugden - Vendors and purchasers - 1805 - 512 pages
...thereby (y). An agreement, however, will not be considered as partly executed, unless the acts done are such as could be done with no other view,* or design, than to perform the agreement ; and if it do not appear but that the acts done might be done with other views, the agreement will not be... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...part executed, is binding (g). As to what acts amount to a part performance, the general rule is, (b) that the acts must be such as could be done with no...such as are merely introductory or ancillary to it. A tender of conveyances, therefore, is not part performance of an agreement; it must be something in... | |
 | Edward Burtenshaw Sugden - Estates (Law) - 1822 - 1028 pages
...of fraud (/) (I). An agreement will not be considered as partly executed , unless the acts done are such as could be done with no other view or design than to perform the agreement ; or perhaps, to speak more correctly, with the view of the agreement being performed ; and if it do... | |
 | William Cruise - Real property - 1824 - 528 pages
...been held Delivery of ?<*to be a part performance of any agreement, the general rule is, that they must be such as could be done with no other view or design than to perform the agreement. Thus the delivery of possession, and laying out money, has always been held to be a part performance... | |
 | Thomas Walter Williams - Conveyancing - 1825 - 596 pages
...advantage should be admitted to say ilmt such contract was never made. 1 Fonbl. B. 1. c.3. s. 8. And the general rule is, that the acts must be such as...not such as are merely introductory or ancillary. The giving possession is therefore to be considered as an act of part performance, but giving directions... | |
 | Great Britain. Court of Chancery, Martin John West - Law reports, digests, etc - 1827 - 870 pages
...were queries in the margin, though no proof who made them. As to the acts done in performance, they must be such as could be done with no other view or design than to perform the agreement ; and said, in this case it did not appear but that the acts done by the defendant might be done with other... | |
 | William Cruise - Real property - 1827 - 760 pages
...ii • .1. . ! Wha( Acls part periormance oi an agreement, the general rule is, that they are a Part must be such as could be done with no other view or design Performance. than to perform the agreement ; such as delivery of possession ; and payment of the whole,... | |
 | Great Britain. Court of Chancery, Charles Ambler - Equity - 1828 - 510 pages
...were queries in the margin, though no proof who made them. As to the acts done in performance, they must be such as could be done with no other view or design than to perform torn v. Tunbridgc, 2 Mau. & Sel. 434. Ramsboltom v. Morlletl, ib. 445. See Whilchurch v. Bevis, 2 Bro.... | |
 | Matthew Bacon - Law - 1832 - 844 pages
...not a part performance. Cooth v. Jackson, 6 Ves. 41 .|j [Acts done in part performance, must be ach as could be done with no other view or design than to perform the agreement, and not inch as are merely introductory or ancillary to it. Ex parts Hooper, 19 Ves. 479. 1 Meriv. 7. They... | |
 | Sir Thomas Edlyne Tomlins - Law - 1835 - 854 pages
...performed, is not within the provisions of the statute. See Whilchuroh v. Bevis, 2 Bro. Rep. 566. As to what acts amount to a part performance, the general...Gunter v. Halsey, Amb. 586: Whitbread v. Brockhurst, 1 Bro. Rep. 412. The giving of possession is therefore to be considered as an act of part performance.... | |
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The general rule is, that the acts must be such as could be done with no other view or design than to perform the agreement, and not such as are merely introductory or ancillary to it. 
