Gray v. Howell
Supreme Court of Pennsylvania
Appeal, No. 249, Jan. T., 1902, by-plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1898, No. 621, refusing to take off nonsuit in case of Mabel Ella Gray v. Lillian B. Howell. Assumpsit to recover damages for breach of an agreement.
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Appeal, No. 249, Jan. T., 1902, by-plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1898, No. 621, refusing to take off nonsuit in case of Mabel Ella Gray v. Lillian B. Howell. Assumpsit to recover damages for breach of an agreement. Before Finletter, P. J. The statement of claim set out an agreement between the plaintiff and defendant by which the latter agreed in parol to execute a release of dower in a property owned by the plaintiff if the plaintiff would assist the defendant in obtaining testimony adverse to certain claims made against the estate of the defendant’s late…
1Opinion of the Court
Opinion by
Mb. Justice Pele,
The nonsuit entered at the trial cannot be sustained on the ground that the contract for the release of the defendant’s dower in her husband’s estate was not in writing. An action may be maintained for the breach of a parol contract for the sale of land, but damages in such an action are limited to the recovery of the purchase money paid or the value of the consideration given, and the expenses incurred, and do not include the loss of the bargain: Dumars v. Miller, 34 Pa. 319.
The plaintiff’s case was however fatally defective for want of proof of the authority of…
2Cases cited3 opinions
- Dumars v. MillerSupreme Court of Pennsylvania · 1859
- Kissick v. HunterSupreme Court of Pennsylvania · 1898
- Dodds v. DoddsSupreme Court of Pennsylvania · 1848
3Cited by10 opinions
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- Miocene Ditch Co. v. MooreCourt of Appeals for the Ninth Circuit · 1907
- Huntzinger v. DevlinSuperior Court of Pennsylvania · 1922
- McCloskey v. TimmonsSuperior Court of Pennsylvania · 1920
- Croskey v. StockleySuperior Court of Pennsylvania · 1924
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