Massachusetts Supreme Judicial Court October 15, 1857 (Thomas Richards v. Richards)

Bigelow, J.

This cause has been argued upon the admitted fact that there was no agreement in writing for the sale and conveyance of the premises, set out in the bill. But for this admission, the question of the validity of such a contract, on the pleadings as they now stand, would not have been open. Story Eq. Pl. § 762. Cozine v. Graham, 2 Paige, 181. Newton v. Swazey, 8 N. H. 13.