United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brown v. Sutton, 129 U.S. 238 (1889)

Brown v. Sutton

No. 97

Argued and submitted November 26, 1888

Decided January 28, 1889

129 U.S. 238

Syllabus

On the whole proof in this case, some of which is referred to in the opinion of the Court, held:

(1) That the appellant's intestate intended that the property in dispute should belong to the appellee, that he bought it for her, and that he promised her orally that he would make over the title to her

Page 129 U. S. 239

upon the consideration that she should take care of him during the remainder of his life, as she had done in the past.

(2) That there had been sufficient part performance of this parol contract to take it out of the operation of the Statute of Frauds in a court of equity and to render it capable of being enforced by a decree for specific performance.

(3) That the appellee had been guilty of no laches by her delay in commencing this suit.

Bill in equity to compel a specific performance of a parol contract to convey a tract of real estate in Wisconsin. Decree in complainant's favor, from which respondents appealed. The case is stated in the opinion.