This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1905 edition. Excerpt: ...that period; for example, the payment of
money on the return of a ship. 7. Another clause relates to the
sale of land, or an interest therein. The language here used is
very broad, and includes within its scope all leases of real estate
for any period no matter how short; but, in some states, leases
having a period not exceeding one year are by statute declared
valid, even though they are not in writing. It may also be remarked
that it is not always easy to distinguish between an interest in
land and a mere lease to use it for some special and temporary
purpose; for example, to put hay or grain there, or to keep a wagon
or implements, for a license need not be in writing, while an
interest in land must be, to comply with the statute. With respect
to fruits and nursery trees, the courts generally hold that such
contracts are not an interest in See Book IV., Chap. I., Sec. n,
26. land, whenever the intention of the parties is to remove them
at once, or within a short period. 8. Next may be considered the
nature of the writing required to satisfy the statute. It need not
be on a single piece of paper. If there are several letters from
which a contract can be formed these are clearly sufficient for the
purpose. Not infrequently a letter, or a series of letters, exists
from which a contract can be made out. Whether there must be a
consideration in writing or not is a disputed question, some of the
courts holding that this must thus appear; others, that it may be
proved by other evidence. With respect to the signing this need not
be technical or formal. If a party writes his name in the
beginning, or in any part of the agreement with that intention,
this will be regarded as a sufficient signing to satisfy the
statute. Moreover, the signing is...
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