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FOTHERGILL v. McKAY PRESS

Docket No. 6, Calendar No. 48,171.

361 Mich. 666 (1960)

106 N.W.2d 215

FOTHERGILL v. McKAY PRESS.

Supreme Court of Michigan.

Decided December 1, 1960.

Attorney(s) appearing for the Case

Francis & Wetmore (James W. Baker, John E. Riecker and Floyd E. Wetmore, of counsel), for plaintiff.

Currie & Currie, for defendant.

BLACK, J. (concurring).

In Warner v. Texas & Pacific R. Co. (1896), 164 U.S. 418 (17 S.Ct. 147, 41 L ed 495), the supreme court had occasion to review generally the authoritative history of this particular provision of the statute of frauds.* The following conclusion was reached (pp 422, 423):

"It thus appears to have been the settled construction of this clause of the statute...

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