In an action upon an oral contract to recover the purchase price of an equity in realty, it appeared that the plaintiff executed a deed with a blank left for the name of the grantee and delivered it to the defendant, whereupon the latter refused to make the promised payment, and suit was brought. The Statute of Frauds being interposed as a defense, on the theory that the contract, being oral, was unenforceable in the absence of a showing of part performance, it was held, that the delivery of the incomplete deed, giving the defendant implied authority to fill in name of the grantee, was a valid transfer of title to the defendant, and hence the Statute of Frauds did not bar recovery by the plaintiff. Gilbert v. Plowman, 218 Iowa 1345, 256 N. W. 746 (1934).
DEEDS - EFFECTIVENESS OF DEEDS DELIVERED WITH BLANK FOR NAME OF GRANTEE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol34/iss1/19