Eberly v. Lehman
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county : Of July Term 1882, No. 22. Ejectment, by.Levi P. Eberly against J. C. Lehman and Daniel Day, to recover a lot of ground in Boiling Springs, Cumberland county, with notice of claims for mesne profits. On the trial, before Herman, P. J., the following facts appeared: — In the winter of 1873, D. W. L. Nerons agreed by parol with Henry Mower to purchase from him a certain lot of ground.
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Error to the Court of Common Pleas of Cumberland county : Of July Term 1882, No. 22. Ejectment, by.Levi P. Eberly against J. C. Lehman and Daniel Day, to recover a lot of ground in Boiling Springs, Cumberland county, with notice of claims for mesne profits. On the trial, before Herman, P. J., the following facts appeared: — In the winter of 1873, D. W. L. Nerons agreed by parol with Henry Mower to purchase from him a certain lot of ground. The land was clearly designated, the consideration ($180) agreed upon, and the possession delivered to Nerons, who, by the agreement, was to have his own…
1Opinion of the CourtJustice Mercur
Although the earlier decisions do not harmonize with each other yet it is now undoubtedly held, that all parol contracts for the sale of lands are not invalidated by the statute' of frauds. Where possession has been taken in pursuance of the contract, and there has been such part performance that the purchaser cannot reasonably be compensated in damages, the case is taken out of the statute. Possession and payment of purchase money only are not sufficient, for the vendee may be compensated in damages; but when to possession is added permanent improvements of considerable value which cannot be…
2Cases cited4 opinions
- M'Kellip v. M'IlhennySupreme Court of Pennsylvania · 1835
- Wack v. SorberSupreme Court of Pennsylvania · 1837
- Wykoff v. WykoffSupreme Court of Pennsylvania · 1841
- Dixon v. OliverSupreme Court of Pennsylvania · 1836
3Cited by2 opinions
- McClure v. FairfieldSupreme Court of Pennsylvania · 1893
- Nesbitt v. TarbrakeSuperior Court of Pennsylvania · 1906