part performance
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 76 U.S. 1 - Neale v. Neales · 1869Most cited · 134 citing opinions
A part performance removes the bar of the statute, on the ground that it is a fraud for the vendor to insist on the absence of a written instrument, when he had permitted the contract to be partly executed.
How often courts cite the cases defining “part performance”
Court decisions citing the 2 opinions that defined “part performance” — 252 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1866–1869
- ORIGINAL
no rule in respect to the contract is better settled than this: That the party who has advanced money, or done an act in part-performance of the agreement, and then stops short and refuses to proceed to its ultimate conclusion, the other party being ready and willing to proceed and fulfil all his stipulations according to the contract, will not be permitted to recover back what has thus been advanced or done.
real estate contract, defaulting purchaser