1788-08-14 (static/transcriptions/1788/08/113.jpg)

Thurlow Chancy in Brown’s Chan Repts 404 Deft Pleaded Stat of Frauds & Ps & averrd

“that no contract or agremt for the sale of the said shares of the sd estate nor any memorandum or note of any such agreemt was in useH, signed by the Defdts, or any other Person by Defdts, thereunto lawfully authorized, within the meaning of the statutue,” They also averred; that no matter or thing whatsoever had been done toward performance of such agremt as by Plft pretended to have been made, unless the acts, after mentd, can be constructed as a part performance of such agreemt. They there admit the appoint of surveyor, and that they met; the abstract “of the title being sent, and the letter of Wainwright” which acts defendants are advised, and submit to the judgment of the Court, are not acts which ought to be decreed a part performance of the agreemt alleged by the bill to have been made.”

The follows a long
argt