[Download] "Mcclellan v. Beatty Et Al." by In Banc No. 17187 Appellate Court of Indiana # eBook PDF Kindle ePub Free

January 12, 2021

eBook details

Title: Mcclellan v. Beatty Et Al.
Author : In Banc No. 17187 Appellate Court of Indiana
Release Date : January 15, 1944
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 50 KB

Description

DRAPER, Presiding Judge. The appellant in his petition for rehearing insists that this case is governed by Rucker v. Steelman, 1881, 73 Ind. 396, to which case our attention had not previously been directed. In that case a somewhat similar situation was presented by the pleadings, but the court seems to have more or less arbitrarily considered the verbal agreements pleaded to have been contracts for the purchase and sale of lands. The court applies the rule, which was fully recognized and was not violated in our original opinion, that where 'A' purchases real estate from 'B' with his own funds under a verbal agreement with 'C' to later convey the real estate to 'C' upon payment of the price, the contract is within the statute and unenforcible. In our opinion it is not applicable to the facts in the case at bar.