Williams v. Benzing

Levinthal, J.,

— Complainant cannot have specific performance of the oral agreement on *560which she relies by reason of the Statute of Frauds of March 21,1772,1 Sm. L. 389, 33 PS §1. The expenditures made by complainant in reliance on the oral agreement do not take the case outside the statute because: (1) There was no transfer of possession from defendant to plaintiff contemporaneously with the making of the said contract. It appears that complainant was an occupant of the premises for many years before that time. See Greenlee v. Greenlee, 22 Pa. 225 (1853), and Lincoln v. Africa, 228 Pa. 546…