Benedict v. Beebee

Per Curiam. The plaintiff having expressly abandoned all claim for damages for a breach of the contract as to the farm, all objections as to the statute of frauds are removed. A promise or undertaking by the defendant to pay the plaintiff for the improvements made by the deienxfant on the land, is not void under the statute. It was so decided by this court in the case of Freer v. Hardenbergh. (5 Johns. Rep. 272.) The judgment below must be affirmed. Judgment affirmed.