part performance

part performance
Performance by a party to a contract which is less in extent than full or substantial performance as measured by the conditions of the agreement. 17 Am J2d Contr §§ 379 et seq. The doctrine that part performance of an oral contract for the sale of real estate has the effect, subject to certain conditions concerning the nature and extent of the act constituting performance and the right to equitable relief generally, of taking such contract from the operation of the statute of frauds, so that equity may decree it specific performance or grant other equitable relief. 49 Am J1st Stat of F § 419. Within the meaning of the equitable doctrine that part performance takes an oral contract out of the operation of the statute of frauds:–such acts as change the plaintiff's position and would result in a fraud, injustice, or hardship upon him, if the contract were not executed or enforced. 49 Am J1st Stat of F § 427.

Ballentine's law dictionary. . 1998.

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