Malaun's Adm'r v. Ammon
Supreme Court of Pennsylvania
Error, to tbe Common Pleas of Adams county. Argued and decided in the Supreme Court at Harrisburg, at the June Term, of 1854. The plaintiffs below, now defendants in error, sued the administrator of Rebecca Malaun, deceased, in trespass on the case, and declared in four counts: 1st, On the alleged promise of the defendant’s intestate, Rebecca Malaun, that she would, at her decease, leave to the said Betsy, all the property and estate that she should be the owner of, at1 the…
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Error, to tbe Common Pleas of Adams county. Argued and decided in the Supreme Court at Harrisburg, at the June Term, of 1854. The plaintiffs below, now defendants in error, sued the administrator of Rebecca Malaun, deceased, in trespass on the case, and declared in four counts: 1st, On the alleged promise of the defendant’s intestate, Rebecca Malaun, that she would, at her decease, leave to the said Betsy, all the property and estate that she should be the owner of, at1 the time of her death: 2d, On the alleged promise of said Rebecca Malaun, that she would in, and by her last will and…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
— If any thing can be regarded as settled, it must be taken to be fully established as the law of Pennsylvania, that while the Statute of Frauds and Perjuries prevents the acquisition of interests or estates in lands by parol contracts, it does not prohibit either party from recovering damages for their breach.
The action for damages is, to all intents and purposes, a personal action, and, like any other action of that kind, may be supported by parol evidence. In such cases the measure of damages is as well settled as the right to recover them.…
2Cases cited11 opinions
- Hopkins v. LeeSupreme Court of the United States · 1821
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Staats v. Executors of Ten EyckNew York Supreme Court · 1805
- Baldwin v. MunnNew York Supreme Court · 1829
- Ewing v. TeesSupreme Court of Pennsylvania · 1808
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3Cited by9 opinions
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
- Lee v. DeanSupreme Court of Pennsylvania · 1838
- Mayor of Jersey City v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1907
- State v. WaradySupreme Court of New Jersey · 1910
- Cutter v. KlineSupreme Court of New Jersey · 1882
4 more not listed; retrieve them via the Exa API.