case clerk v wright hill term Feb see Gibson v holland lr c p and Maddison v  Alderson App Cas a agree for the purchase of a estate but the agreement not  reduce into write though a in confidence thereof give order for conveyance to  be draw and go several time to view the estate this court will not carry such  agreement into execution and the statute of fraud may be plead to a bill bring  for that purpose a letter be not a sufficient evidence of the agreement unless  the term of the agreement be mention therein but where a man take possession  in pursuance of a agreement the court will decree a execution of it the  plaintiff have agree for the purchase of a estate of the defendant but the  agreement be not reduce into write however in confidence of the agreement  plaintiff have give order for conveyance to be draw and engross and go several  time to view the estate some time after the defendant send a letter to the  plaintiff inform he that at the atkins time he contract for the sale of the  estate the value of the timber be not know to he and that the plaintiff shall  not have the estate unless he will give he a large price the bill be bring to  carry the agreement into execution to which the statute of fraud afterward be  plead Lord chancellor allow the plea and observe the letter can not be  sufficient evidence of the agreement the term of the agreement not be therein  mention so Seagood v neal stram Charles Prec Eq ab pl viscountess Montacute v  Maxwell p W stram S c Prec Charles S c but if the letter contain the term of a  agreement or acknowledge or refer to a former write one then it take it out of  the statute of fraud see more v heart vern Charles Rep Wankford v Fottherly  vern finch v earl of Winchelsea p W Welford v Beasely post vol Ves Allan v  bower bro Charles Rep Tawney v crowther ibidem as to the objection that this  agreement be in part perform he allow that when a man take possession in  pursuance of a agreement Lacon v Mertins post vol or do any act of the like  nature the court will decree a execution of it but the circumstance only of  give direction for conveyance and go to take a view of the estate he think not  sufficient see bawd v Amhefirst Prec Charles Hawkins v Holmes p W Stokes v  more in note ibidem