Ray v. Card

Supreme Court of Rhode Island

Ray v. Card

43 A. 846, 21 R.I. 362, 1899 R.I. LEXIS 74

CourtSupreme Court of Rhode Island

DecidedJune 28, 1899

StatusPublished

Cited by3 cases

This text of 43 A. 846 (Ray v. Card) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ray v. Card, 43 A. 846, 21 R.I. 362, 1899 R.I. LEXIS 74 (R.I. 1899).

Pincite

Opinion

Per Curiam.

(1) Our opinion is that the letter of April 11, 1898, written by the respondent Lucy E. Whipple to the complainant, assuming it to have been in other respect a sufficient note or memorandum of sale to answer the requirements of the statute of frauds, was insufficient in that it does not describe the land. In 22 Am. & Eng. Ency. L. 968, it is stated that, while resort may be had to parol evidence to fit the description to the land, such evidence is inadmissible where there is no description. Lee v. Stone, 21 R. I. 123, was a case of the former class. In the present instance the letter contains no description whatever of the land, but merely refers to it as “that lot.” For this reason the bill must be dismissed.

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Per Curiam.

(1) Our opinion is that the letter of April 11, 1898, written by the respondent Lucy E. Whipple to the complainant, assuming it to have been in other respect a sufficient note or memorandum of sale to answer the requirements of the statute of frauds, was insufficient in that it does not describe the land. In 22 Am. & Eng. Ency. L. 968, it is stated that, while resort may be had to parol evidence to fit the description to the land, such evidence is inadmissible where there is no description. Lee v. Stone, 21 R. I. 123, was a case of the former class. In the present instance the letter contains no description whatever of the land, but merely refers to it as “that lot.” For this reason the bill must be dismissed.

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Bluebook (online)

43 A. 846, 21 R.I. 362, 1899 R.I. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-v-card-ri-1899.

Opinion

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