Note Or Memorandum

An informal note or abstract of a transaction required by the statute of frauds. The form of it is immaterial; but it must contain the essential terms of the contract expressed with such a degree of certainty that it may be understood without reference to parol evidence to show intent of parties; Browne, Stat. of Fr. 353, 386; O’Donnell v. Leeman, 43 Me. 158, 60 Am. Dec. 54; Ta liman v. Franklin, 14 N. Y. 5S4; Johnson v. Brook, 31 Miss. 17, 66 Ain. Dec. 547; White v. Watkins, 23 Mo. 423; Mc Connell v. Brillhart, 17 111.

354, 65 Am. Dec. 661.

In some states, and in England, the consideration need not be stated in the note or memorandum; 4 B. & Aid. 505; Violett v. Patton, 5 Cra. (U. S.) 142, 3 L. Ed. 61; Packard v. Richardson, 17 Mass. 122, 0 Am. Dec. 123; Sage v. Wilcox, 6 Conn. 81. A memorandum of the terms of an agreement was signed by plaintiff but not by defendant; the latter subsequently wrote ly payment.** There was no other arrangement between the parties, to which these expressions could refer. Held, that the letter and the document containing the terms of the arrangement together constituted a note and memorandum signed by defendant, within the statute of frauds; 45 L. T. Rep. N. S. 348.

See Grafton v. Cummings, 90 IT. S. 100, 25 L Ed. 366; Bibb v. Allen, 149 U. S. 481, 13 Sup. Ct. 950, 37 L. Ed. 819; Lee v. Hills, 66 Ind. 474.

See Browne; Reed, Stat. of Frauds; Memorandum.