Bayne v. Wiggins
139 U.S. 210 (1891)

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U.S. Supreme Court

Bayne v. Wiggins, 139 U.S. 210 (1891)

Bayne v. Wiggins

No. 151

Argued January 20, 1891

Decided March 2, 1891

139 U.S. 210

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Syllabus

If, after an oral agreement for the sale of land, the purchaser executes a deed, describing the land by metes and bounds but insufficiently acknowledged to pass title, and sends that deed to the vendor in a letter stating the terms of payment in cash and notes, and requesting payment accordingly, and the purchaser replies by letter, containing a draft of a similar deed with a sufficient acknowledgment, requesting that it be executed instead of the other, and promising, on receipt of it, to "forward money, notes and old deed," the two letters, and the deed enclosed in the first letter, together constitute a sufficient memorandum in writing to take the contract out of the statute of frauds.

The case is stated in the opinion.

Page 139 U. S. 211

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