1788-08-14 (static/transcriptions/1788/08/116.jpg)

upon an agreement in writing signed according to the acquisition of the statute, and accept upon bills in equity, where the party to be charged confessed the agreement by answer, or there was a part performance of the agreement. It was therefore determined that in the fact of the agreement the Defendant must answer.

On these authorities I contend that we are entitled to an answer. For to use the words of Ch: B. Gilbert, when he is speaking of part performance of a Contr: (Gilb: Forum Rom: 239) “It is perfectly unconscionable that the party who has recd the advantage of the verbal contract shod by admitted to say such contract was never made; for the law must be construed according to natural equity, and not to create a fraud, and the person that receives money and does not convey, is plainly guilty of a fraud, and therefore must not be permitted to insist that he did not sign, where he has recd all the benefit he cod have had by such signing, for that were to construe the
statute