Gallagher v. Mars
Synopsis
Veebad Agbeement in Sedation to Land.— In case of a sale of land, a verbal agreement made by the vendee when he receives the conveyance, to reconvey the land to the vendor, if he does not pay the purchase-money when demanded by the vendor, is void under the Statute of Frauds.
Vendob’s Lien.—A verbal agreement by the vendee to reconvey the land to the vendor if he does not pay the purchase-price, does' not prevent the enforcement of a vendor’s lien.
Bbinging Suit is Demand oe Payment.—If the vendor sells and conveys land, with a verbal agreement that the vendee shall pay the purchase-price when demanded, the bringing of an action to enforce a vendor’s lien is a sufficient demand, and the plaintiff is entitled to have his lien enforced.
By the Court: The alleged agreement on the part of defendant to reconvey the land was void under the Statute of Frauds. The case is one, therefore, in which the plaintiff sold and conveyed the lands to defendant, the latter to pay the purchase-price [26]on demand; and as the bringing of this equitable action was a sufficient demand, the plaintiff is entitled to have his vendor’s lien declared and enforced. (Leman v. Whitley, 4 Russell’s Ch. 423.)
Judgment and order reversed, and cause remanded for a new trial.
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