Payment of rent on a parol contract to lease land, and buildings to be erected thereon, for ten years, does not avoid the statute of frauds.
BINGHAM, J.
A parol agreement to lease land, and buildings to be erected thereon, for ten years, is a contract to convey an interest in lands, and within the statute of frauds. G. L., c. 220, s. 14; c. 1, s. 20; c. 135, ss. 4, 12; Moore v. Ross, 11 N.H. 547, 552; Whitney v. Swett, 22 N.H. 10; Crosby v. Wadsworth, 6 East 602. A parol contract for the purchase of an interest in land is not taken out of the statute of frauds by part payment. Lane v. Shackford, 5 N.H. 133; Ayer v. Hawkes, 11 N.H. 148; Ham v. Goodrich, 37 N.H. 185; Emery v. Smith, 46 N.H. 151, 155; Luey v. Bundy, 9 N.H. 298; Folsom v. Company, 9 N.H. 355; Crawford v. Parsons, 18 N.H. 293; Kingsley v. Holbrook, 45 N.H. 313; Howe v. Batchelder, 49 N.H. 204.
Verdict set aside.
CLARK and STANLEY, JJ., did not sit: the others concurred.