backhouse v Mohun Crosby sen and Jun and other pasch Geo in chancery specific  performance of a contract not sign by the party enforce it bill to have a  specific performance of a agreement make between the plaintiff and Mohun for  the purchase of a estate of mohun the plaintiff and he have treat about it and  write several letter relate thereto the last letter from Mohun be in who say  therein that the plaintiff have offer a certain sum which Mohun accept but it  do not appear whether the plaintiff have do any thing to bind himself for the  defendant produce none of the letter but one Harrison swear that subsequent to  the agreement between the plaintiff and Mohun he have propose himself as a  purchaser of this estate and that he be in company with Crosby senior and the  plaintiff be send for and they enter into a conference concern the estate and  the plaintiff answer in the negative but say not what word be use that the  plaintiff say he will not go to law but will rather write to Mohun before he  enter into any controversy about it a letter be accord send but not produce  Harrison acknowledge he have a previous discourse with Crosby senior about the  affair which Crosby as it clear seem be the real purchaser for the defendant  it be insist that there be no reason they shall be bind by mohun letter when  non constat the plaintiff be bind on the other side but second suppose they be  original bind yet the plaintiff have wave the agreement and that may be do by  parole goman v Salisbury vern for it be only to rebut a equity Lord Hardwicke  chancellor the first question be whether there be any agreement in write  between the plaintiff and Mohun for as it relate to land and tenement it must  be in write and I think it sufficient appear so and that it be a complete  absolute agreement to bind the defendant Mohun many case have occur where  agreement for land appear in write under the hand of the party who be to be  bind by it which be the word of the statute of fraud notwithstanding there be  no write of the other part have be carry into execution and I have know the  objection often take of its not appear on the side of the purchaser and as  often overrule but it may be take as a swanston er p ingredient to add weight  to other objection S beside here be letter from the plaintiff to Mohun which  he do not think fit to produce and the plaintiff can therefore I think mohun  letter be sufficient evidence of a agreement in write second the question be  whether any act have be do on the part of the plaintiff backhouse to release  or wave the agreement the defence insist on be of a tender nature and to be  receive by a court of equity with great caution for even the agreement to  depart from a former agreement be as much a agreement concern land and  tenement as the first and therefore take it original and abstract from  circumstance ought as much to be in write and be equal within the statute of  fraud but notwithstanding that if it clear appear that a plaintiff in a court  of equity insist on such a agreement contain in letter have by act do wave it  and thereby draw in another to purchase and complete his purchase in such case  it will be a good defence to be insist on by the second purchaser show that he  proceed good fide and consequent will rebut any equity of the first purchaser  but I think there be not sufficient evidence of such matter it chief depend on  the testimony of Harrison who make a extraordinary figure in the cause and  admit a previous consultation between he and Crosby senior who seem the  effectual purchaser and that objection though I refuse it as to his competency  yet go to his credit he say a letter be to be write to Mohun to prevent  controversy what occasion be there for that if they plaintiff have give up his  purchase the letter be write by the plaintiff if it have be produce what he  and Crosby senior say may have appear but the letter from Mohun be produce and  import direct the reverse of what Harrison suppose decree that the plaintiff  shall have the benefit of his purchase ms that may his lordship do declare  that the plaintiff be entitle to the benefit of his agreement for the purchase  of the estate at the sum of pound and to have it carry into execution and do  therefore think fit and so order and declare that the agreement be perform  c  Reg lib a fol