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21 R.I. 362

43 A 846

Ray v. Card

Supreme Court of Rhode Island

Decided June 28, 1899

Supreme Court of Rhode Island · decided 1899-06-28

<p>(1) Specific Performance. Memorandum of Sale.</p> <p>A memorandum of sale which does not describe the premises but merely refers to them as “that lot,” is insufficient to answer the requirements of the statute of frauds.</p> <p>While resort may be had to parol evidence to fit the description to the land, such evidence is inadmissible where there is no description.</p>

Relies on Lee v. Stone

Good law ✅— No negative treatment on recordhow we know

Decided 1899-06-28

How this case has been cited

Cited by 8 later decisions — most recently January 1970

8 state decisions

20189919001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 (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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