Page:Harvard Law Review Volume 9.djvu/491

JUDICIAL REPEAL OF THE STATUTE OF FRAUDS. 4^3 by itself justify the interference of, or confer jurisdiction on, a court of equity. Circumstances might perhaps be conceived, in which, by intentional misrepresentation or other fraudulent conduct, compliance with the requirements of the statute has been pre- vented ; but these are not the cases of part performance or complete performance of one or both sides of the contract that have been criticised. There should be, it would seem, in addition to the part performance, something in the attending circumstances to consti- tute a case of legal fraud. It may be admitted that, if laws that do not approve themselves to the judgment of the executive are properly allowed to become a dead letter, courts may be excused for emasculating objectionable legislation. But so long as the aims of the Statute of Frauds con- tinue, as they undoubtedly should be, 'to be regarded as beneficent, no excuse is apparent for repeal by indirection. yesse IV. Lilieiithal. 6i