# Whitney v. Hay

> Court of Appeals for the D.C. Circuit · June 9, 1899 · 15 App. D.C. 164

URL: https://www.frixlaw.com/law-library/cases/7276190

## Case

- **Full name:** WHITNEY v. HAY
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** June 9, 1899
- **Citations:** 15 App. D.C. 164; 1899 U.S. App. LEXIS 3506
- **Precedential status:** Published
- **Opinion:** Concurrence by Alvey
- **Judges:** Alvey, Shepard
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7276190

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7276190. Public record. Not legal advice.