Stephens v. Barnes
Superior Court of Pennsylvania
Appeal, No. 281, Oct. T., 1905, by plaintiff, from judgment of C. P. Lebigh Co., Oct. T., 1902, No. 54, on verdict for plaintiffs in case of Maggie A. Stephens, Executrix of Morris J. Stephens, deceased, and Avon Barnes v. Avon Barnes et al. Assumpsit for breach of a parol contract for the sale of land. Before Heydt, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 281, Oct. T., 1905, by plaintiff, from judgment of C. P. Lebigh Co., Oct. T., 1902, No. 54, on verdict for plaintiffs in case of Maggie A. Stephens, Executrix of Morris J. Stephens, deceased, and Avon Barnes v. Avon Barnes et al. Assumpsit for breach of a parol contract for the sale of land. Before Heydt, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Defendants presented the following points : 2. Under all the evidence in this case, the plaintiff, if he is entitled to recover anything, can recover no more than nominal damages. Answer:…
1Opinion of the Court
Opinion by
Morrison, J.,
This was an action in assumpsit brought by the plaintiffs against the defendants to recover damages for the breach of a written agreement for the sale of certain real estate. The agreement is somewhat peculiar. In consideration of the sum of 11.00 it bound the defendants to sell and convey unto the other parties to the contract, 140 acres of land at a price of $225 per acre, until November 1, 1902. The other parties to the contract did not agree to purchase the land and pay for the same, nor did they in fact pay anything, except the $1.00 recited in the contract. In…
2Cases cited18 opinions
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- Mellon v. DavisonSupreme Court of Pennsylvania · 1889
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3Cited by16 opinions
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