Wednesday, December 25, 2013

Seavey v. Drake case brief

Seavey v. Drake case brief summary
62 N.H. 393 (1882)

CASE SYNOPSIS
The case was before the court on plaintiff's claim for specific performance of an oral contract to convey a piece of land.

CASE FACTS
Defendant's testator promised orally to give plaintiff a deed for a piece of land, and plaintiff entered into possession of the land and made valuable improvements on it.

DISCUSSION

  • The court held that an oral promise to convey land is enforceable in equity despite the statute of frauds because there was part performance and the plaintiff was in possession and had made valuable improvements upon the property induced by the promise to give it. 
  • The court determined that the money or labor in the improvement of the land induced by the defendant's testator constituted consideration for the promised gift of the land.
CONCLUSION
Plaintiff's request for specific performance of an oral contract to convey land granted because the promise induced plaintiff to take possession and make valuable improvements to the property.


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