Equity — Contracts — Specific performance — Statute of Frauds — Description of Land — Sufficiency — Receipt for down payment — Practice — Preliminary objections.
In this action in equity for specific performance by the alleged purchaser under an oral contract of certain farm land in which it appeared in the complaint that the only memorandum signed by the owner was a dated receipt for $20 "deposit on 61 acres more or less total $8000 price on farm", it was Held that (1) the receipt was not a sufficient writing to take the case out of the Statute of Frauds of March 21, 1772, 1 Sm. L. 389, § 1, and (2) the question of the Statute of Frauds was properly raised on preliminary objections to the complaint.
OPINION PER CURIAM, April 19, 1960:
The decree dismissing the bill of complaint is affirmed at the appellant's costs on the opinion of President Judge SHUMAKER sustaining the defendant's preliminary objections to the complaint which shows on its face the insufficiency of the writing relied upon.
Decree affirmed at appellant's costs.