Opinion

Whitney v. Hay

  • 15 App. D.C. 164
  • 1899 U.S. App. LEXIS 3506
Court
Court of Appeals for the D.C. Circuit
Filed
Jun 9, 1899
Status
Published
Author
Alvey
On the bench
Alvey, Shepard
Cited by
3 cases

The opinion

Mr. Chief Justice Alvey,

concurring:

I concur in the affirmance of the decree in this case, but, I must say, that I do so with great doubt and hesitation. The case, on the facts as proved, shows a strong claim for compensation on a quantum meruit; but as a case for specific performance of an express contract, with the Statute of Frauds relied on as a defense, it is quite different, and presents great difficulty and doubt to my mind, both as to the proof of the specific contract alleged, and the part performance thereof, to take it out of the bar of the statute. I yield my doubts, however, in deference to the opinion of my brother judges.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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