Myers v. Byerly
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lancaster county. This was an action of ejectment, brought July 30th 1861, by Benjamín B. Myers against George Byerly, for a lot of ground near Strasburg, Lancaster county.
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ERROR to the Common Pleas of Lancaster county. This was an action of ejectment, brought July 30th 1861, by Benjamín B. Myers against George Byerly, for a lot of ground near Strasburg, Lancaster county. Defendant came into possession of the lot under the following circumstances: Sometime between January and April 1858, it was verbally agreed between the parties that Myers should buy the lot, pay for it, take the title for it in his own name, and hold it for the use of Byerly, to whom a deed was to be given whenever the purchase-money was fully paid, Myers agreeing to receive payment from time…
1Opinion of the Court
The opinion of the court was delivered,
by'
THOMPSON, J.
It is not possible to sustain the judgment in this case. No such contract by parol, and such part execution of it, as were necessary to take the case out of the Statute of Frauds and Perjuries, were proved by the defendant. The only thing like a contract between the parties was made before the plaintiff had any title or even a contract for the ground in question, and it was to this effect, as testified to by the witness who was present, when it was stated over by Myers in presence of Byerly: Myers said that he was to furnish the money to…
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