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PREFACE.

This volume contains a large amount of matter derived from both English and American decisions. The object of the work is correctly described by its title. Its discussions are confined to those equitable doctrines which relate directly to the specific performance of contracts; the specific enforcement of trusts, either express or implied, does not come within the purpose and scope of the book. The author has endeavored to prepare a treatise suited to the needs of the American lawyer, and representing the equitable doctrines concerning specific performance as they have been established, and are administered by the American courts, partly from the simplicity of our real estate law, and partly from the habits, customs, and modes of dealing of our landed proprietors, there has grown up in this country a system of doctrines and rules relating to the specific enforcement of contracts quite different in many important respects from that which exists in England, and which is recognized by the English courts and text-writers. A treatise which should present and illustrate this American system, and which should describe all those features which distinguish it from the English, seemed to be needed; and such a book the author has endeavored to write. While no claim is made that all the cases in the reports have been cited, it is believed that cases of authority are cited bearing upon, and sustaining, every principle, doctrine, and rule which belongs to the general subject of specific performance, and which has received a judicial sanction. Every particular instance, in which a contract has been specifically enforced may not have been mentioned, but the principles are stated and explained to which every instance may be referred, and by which it must be determined. Much labor and care have been given to the preparation of the notes, which contain a very full commentary on an illustration of the text, and furnish numerous statements of decided cases and quotations from judicial opinions, which the author trusts will be found convenient to those members of the profession who do not have ready access to extensive libraries.

JOHN NORTON POMEROY.

SECTION IV.

The written memorandum required by the statute of frauds.

Sections.'

Abstract of American statutes (in note).........

70

Object of the statute ......

71

I. How memorandum must be executed............

73-80

II. External form of memorandum..........

81-84

III. Contents of memorandum.........

85-95

Part-performance of verbal contracts.

General doctrine..........

96

Not adopted in certain States..........

97

First. Kinds and classes of contracts to which the doctrine of part-performance

may be applied..........

99-101

Seomd. Equitable basis and principles of the doctrine........

102-109

I. Fraud, the foundation..........

103-106

II. Nature of the acts of part-performance; must be in pursuance of

the contract and to carry it into execution........ ..... 197-109

Third. The particular acts which are or are not part-performance.......... 110-135

1. Acts prior to the contract........

110

2. Acts ancillary to it.........

110

3. Marriage

.... 111

4. Payment.

112-114

5. Possession

115-125

6. Improvements.

126-132

Improvements by a donee in poesession.....

...... 130-132

7. Marriage with other acts.........

133

8. Miscellaneous cases; exchange of lands; labor and services; acts

by a third person.......

..... 134, 135

Fourth. Nature of the evidence by which the contract must be proved.... 136,139

Verbal contract when admitted by defendant's answer, effect of, 140, 141

When compliance with the statute is prevented by actual fraud, 142, 143

Trusts, ex maleficio, when enforced..........

144

The contract must be complete.

General doctrine..........

1. Parties .......

II. Price

III. Subject-matter ....

IV. Other material terms; implied terms
Time to which the completeness must be referred.........

The contract must be certain.

General doctrine ; instances of uncertainty; parol evidence, when admis-
sible...........

...... 159-161

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