(DOWNLOAD) "Johnson v. Ogle" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Johnson v. Ogle
- Author : Supreme Court of Montana
- Release Date : January 07, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
1. Pleading ? Waiver of objection for uncertainty. Defendant waived objection that the complaint was uncertain by filing an answer raising the question as to the effect of the statute of frauds on the contract sued upon. 2. Frauds, statute of ? Performance before memorandum is executed. Generally, memorandum executed after services have been performed is sufficient to satisfy the requirement of the statute of frauds. 3. Frauds, statute of ? What constitutes a writing. No particular form of language or instrument is necessary to constitute a memorandum or note in writing under the statute of frauds, and a receipt may be sufficient, and two or more writings properly connected may be considered together. 4. Frauds, statute of ? Parol evidence admissible to explain ambiguities. Parol evidence is admissible to explain ambiguities in notes or memorandum relied upon as taking contract out of the statute of frauds, and to apply the note or memorandum to the subject matter. 5. Frauds, statute of ? Case not within statute of frauds. A receipt stating that the owner received $5,000 from broker for payment on property sold to designated purchaser and that the commission was to be paid, taken in conjunction with letter from broker to owner containing a statement of brokers claim and owners reply not denying the indebtedness and failing to question its accuracy but amounting to tacit admission of indebtedness, constituted - Page 177 sufficient "note or memorandum" of agreement by owner to pay brokers commission to meet the requirements of statute of frauds.
 "Johnson v. Ogle" by Supreme Court of Montana * Book PDF Kindle ePub Free){kind=link}