...Pomeroy's Equity Jurisprudence, sec. 921. It was said in Glass v. Hulbert, 102 Mass. 24, 3 Am. Rep. 418: '' The fraud most commonly treated as taking an agreement...which consists in setting up the statute against its enforcement, after the other party has been induced to make expenditures, or a change of situation...

...performance is that which consists in setting up the statute against the performance after the purchaser has been induced to make expenditures, or a change of situation in regard to the subject-matter of the agreement upon the supposition that it was to be carried into execution, and...

...principle is well stated by the Supreme Judicial Court of Massachusetts In that case, when it says: "The fraud most commonly treated as taking an agreement...the statute against its performance, after the other part; has been induced to make expenditures, or a change of situation in regard to the subjectmatter...

...scheme.' 2 Pom. Eq. Jur. § 921. It was said in Glass v. Hulburt, 102 Mass. 24, 35, 3 Am. Rep. 418: 'The fraud most commonly treated as taking an agreement out of the statute of frauds is that whicli consists in setting up the statute against its enforcement, after the other party has been induced...

...consummation of a fraudulent scheme." In Glass v. Hulbert, 102 Mass. 24, [3 Am. Rep. 418], it is said: '' The fraud most commonly treated as taking an agreement...to the subject matter of the agreement, or upon the supposititon that it was to be carried into execution, and the assumption of rights thereby to be acquired;...

...of a fraud whereas its purpose is to prevent fraud. it was said, in Glass v. Hulbert, 102 Mass. 30: "The fraud most commonly treated as taking an agreement...in setting up the statute against its performance, fifter the other party has been induced to make expenditures, or a change of situation in regard to...