Newman v. Walker ((Civil App. No. 26/66)) [1967] SLCA 1213 (13 February 1967);

Search Summary: 

Contract -form-note or memorandum in writing-part performance -requisites of part performance:

 

Land Law-conveyancing-written agreement or memorandum-part performance-requisites of part performance

 

Headnote and Holding: 

For part performance of a parol agreement to enable proof of the agreement to be given notwithstanding the Statute of Frauds, 1677, (a) the act relied upon as part performance must be referable to an existing agreement and cannot be an act done before the agreement is made, and (b) the agreement must be such that were it in writing the court would decree specific performance (page 52, lines 22-32).

Law Report Citation: 
1967-68 ALR S.L. 49