Thompson v. Sheplar
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county: No. 96, to October and November Term 1871. This was an action on the case brought April 1st 1865, by Philip Sheplar against Moses B. Thompson. Pending the suit the plaintiff died and M. Gr. Sheplar, his administrator, was substituted as plaintiff.
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Error to the Court of Common Pleas of Allegheny county: No. 96, to October and November Term 1871. This was an action on the case brought April 1st 1865, by Philip Sheplar against Moses B. Thompson. Pending the suit the plaintiff died and M. Gr. Sheplar, his administrator, was substituted as plaintiff. The declaration was that Philip Sheplar being the owner of a tract of land of the value of $12,000, it was taken in execution by the sheriff, and advertised to be sold on the 28th of July 1862 ; the defendant promised the plaintiff that he, the defendant, would bid for the land at the sheriff’s…
1Opinion of the Court
The opinion of the court was delivered, by
Williams, J.
— It is well settled law in this state that an action will lie on a verbal agreement for the sale of land, and, in the absence of fraud, that the measure of damage for its breach is compensation for the money paid and expenses incurred on the faith of the bargain. If no consideration has been paid, and no expenses incurred, only nominal damages are recoverable. But where there has been fraud in the sale, a different rule as to the measure of damages obtains. In such cases it has been uniformly held that damages may also be recovered for…
2Cited by8 opinions
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- Seidlek v. BradleySupreme Court of Pennsylvania · 1928
- Eberz v. HeislerSuperior Court of Pennsylvania · 1900
- Davis v. HillmanSupreme Court of Pennsylvania · 1926
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