e side and an
acceptance on the other, and the agreement can be fully shown from the
series of letters, this is sufficient writing.
If a man buys a farm and pays a part of the price and goes away saying
that he will pay the remainder within a week, expecting then to do so
and receive a deed, the seller, if he chooses, can escape giving that
deed and parting with his farm. The payment of a part of the money
does not bind the bargain, nor will the courts, though knowing this,
compel the seller to give such a deed. The reader may ask, if this is
the law, cannot the farmer practise a fraud on the buyer by receiving
his money and keeping it and the farm too? He cannot do both things.
If he refuses to give the deed he must, on the other hand, return the
money; if he refuses to do this the buyer can compel him by a proper
legal proceeding to refund the amount. In this way the buyer gets his
money back again, but not the farm that he bought.
It is said that this statute is as often used as a shield to protect
men in doing wrong as in preventing frauds. In numberless cases
persons, just like the farmer imagined, have used this statute as a
means to protect them in not carrying out their agreements. This
happens every day.
This statute also relates to other matters. One clause says that an
executor or administrator cannot be required to pay anything at all
out of his own pocket on any promise that he has made unless it be in
writing. Every one knows about the duties of an executor or
administrator. An executor is one who settles the estate of a person
who has died leaving a will directing what shall be done with his
wealth. An administrator is a person who settles the estate of a
deceased person leaving no will. He is appointed by the law, which
fully states his duties. Let us suppose that an executor is employed
to settle an estate, and that he employs a carpenter to make some
repairs on a house belonging to the estate. The contract is fairly
enough made between the carpenter and the executor. Let us also
suppose that he has no lien on the house for the work that he has
done, or that he has lost his lien by reason of not having filed it in
time, as the law requires. Afterward he goes to the executor and
demands payment for the repairs that he has made. Let us suppose that
the estate is insolvent and cannot pay all of its debts in full. At
the time of making this contract neither party supposed this would
happen. But, unha
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