SMALL VS. OWINGS. 365

Owings, all the wood on the land, and the reversion of the
land with the improvements, after all the ore should be taken
out of it.

The answer of Miss Owings, admitted that she signed the
agreement of the 8th of July, 1844, but stated, that she was
induced so to do by the misrepresentations of Geiger, the com-
plainant's agent, in reference to the land to be conveyed, that
she supposed she was selling five acres at $400 per acre, when
in fact, the tract contained but two acres; and, that he also
misrepresented to her the determination of Green, regarding a
previous contract made by her with him. And she stated,
that on detecting the fraud practiced on her, she forbade Gei-
ger to enter on the land, which he did notwithstanding.

She denied, that she had authorized Turnbull to make any
contract for her, or that she had ever entertained the intention
of entrusting any of her interests to his agency; and said, that
"to protect herself from any such allegation, (as well as deny-
ing the same to be true,) she alleges, that there is no writing
signed by her to that effect, and she relies upon, and pleads
the statute commonly called the statute of frauds."

The Chancellor, in delivering his opinion, after stating the
case, said:]

THE CHANCELLOR :

With regard to the contract of the 8th of July, 1844, as set
out in the receipt of that date, I do not deem it necessary to
express any opinion, as it is manifest, that that contract, what-
ever its character may have been—whether obtained by false
and fraudulent representations or not—has been merged in the
subsequent agreement of July, 1845; which subsequent agree-
ment alone, this bill seeks to enforce. And the question, there-
fore, is, whether the complainants have made out a case which
entitles them to the aid of this court in compelling the specific
performance, by the defendant Owings, of this latter agree-
ment.

It is urged by the complainants' counsel, that the defendant,
Owings, cannot protect herself under the plea of the statute of
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