Fry v. Flick
Superior Court of Pennsylvania
Appeal, No. 281, April T., 1899, by defendant, from judgment of C. P. Cambria Co., June T., 1897, No. 299, on verdict for plaintiff. Opinion by Rice, P. J. Assumpsit. Before Greer, P. J., of the 50th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $335. Defendant appealed.
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Appeal, No. 281, April T., 1899, by defendant, from judgment of C. P. Cambria Co., June T., 1897, No. 299, on verdict for plaintiff. Opinion by Rice, P. J. Assumpsit. Before Greer, P. J., of the 50th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $335. Defendant appealed. Error assigned was as follows: “ The court erred in not deciding as a question of law, that Fry could not recover for work and money expended on the land; that knowing or having the means of acquiring the knowledge, that he had no…
1Opinion of the Court
Opinion by
Rice, P. J.,
This -was an action of assumpsit brought to recover damages for the breach of a parol contract for the sale of land. The plaintiff’s claim was for the labor and money he had expended on the faith of the contract. No question is raised as to the right of the vendee to maintain an action for the breach of an oral agreement for the sale of land nor as to the rule for measuring the damages, which is, that in the absence of fraud, the plaintiff is entitled to recover compensation for the money paid and expenses incurred on the faith of the contract: Thompson v. Sheplar, 72…
2Cases cited5 opinions
- Kroegher v. McConway & Torley Co.Supreme Court of Pennsylvania · 1892
- McCafferty v. GriswoldSupreme Court of Pennsylvania · 1882
- Thompson v. SheplarSupreme Court of Pennsylvania · 1873
- Kitchen v. McCloskeySupreme Court of Pennsylvania · 1892
- Wray v. Spence, Pennsylvania Court of Common Pleas, Clarion County1891
3Cited by6 opinions
- Commonwealth Ex Rel. Shotz v. ShotzSuperior Court of Pennsylvania · 1938
- Vernam v. WilsonSuperior Court of Pennsylvania · 1906
- Mitchell v. JodonSuperior Court of Pennsylvania · 1902
- Little v. FearonSuperior Court of Pennsylvania · 1912
- Weir v. RahonSuperior Court of Pennsylvania · 1980
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