Bigelow
v.
Armes
v.
Armes
Nov 13, 1882.
Mr. S. S. Henkle for appellant., Mr. C. II. Armes for the appellee.
Waite.
Jr. 326; Blackburn on Sales
delivered the opinion of the court.'
.After stating the facts- as above, he continued:
Upon these facts,' in our opinion, it was the duty of the couft below to enter the decree it did requiring a completion of the performance of the contract by Bigelow. Whether, in view of the requirements of the Statute of Frauds, the memorandum signed by both parties was of itself sufficient to support the bill, is a question Ave' do not think it important to discuss, because, if the memorandum is not enough, the terms of the contract have been otherwise clearly established by the evidence, and there has been full performance by Armes and substantial part performance by Bigelow.
The decree is affirmed.