Gangwer v. Fry
Supreme Court of Pennsylvania
Error, to the Common Pleas of Lehigh county. This was an action on the case by William Fry against Solomon Gangwer, to recover the one-half of $600, the purchase-money of a tract of woodland, which had been sold by Gangwer to Balliet, the half of which land Fry claimed to belong to him under a parol agreement with Gangwer.
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Error, to the Common Pleas of Lehigh county. This was an action on the case by William Fry against Solomon Gangwer, to recover the one-half of $600, the purchase-money of a tract of woodland, which had been sold by Gangwer to Balliet, the half of which land Fry claimed to belong to him under a parol agreement with Gangwer. The declaration was for goods sold and delivered, work and labor done and performed, money lent and advanced, money laid out and expended, and money had and received. On the trial, the books of original entries of Fry, the plaintiff, as proved by him, were received in…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, J.
Loose as our system of pleading is, we have not yet-sanctioned the recovery of damages for the breach of a special parol contract to convey land, under a declaration for goods sold and delivered, or money had and received. So far as the evidence tended to establish a claim of this character, it was irrelevant, and ought not to have been received.
But if the contract for the purchase of a moiety of the land had been so far executed as to take the case out of the statute of frauds, and to vest in the plaintiff below an interest or estate in the…
2Cases cited2 opinions
- Young v. GlendenningSupreme Court of Pennsylvania · 1837
- Parker v. WellsSupreme Court of Pennsylvania · 1841
3Cited by2 opinions
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Derr v. AckermanSupreme Court of Pennsylvania · 1897