Soles v. Hickman
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of ejectment by John H. Hickman v. Andrew Soles, for lot No. 47 in McKeesport. Soles owned a lot adjacent to the one in dispute, and, by mistake in the location of his lot, erected a dwelling house on this lot.
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Error to the District Court of Allegheny county. This was an action of ejectment by John H. Hickman v. Andrew Soles, for lot No. 47 in McKeesport. Soles owned a lot adjacent to the one in dispute, and, by mistake in the location of his lot, erected a dwelling house on this lot. Discovering his mistake, he went to Samuel Brown, who claimed the lot under a tax title (the original owner of the lot not being known), stated the facts to him, and purchased the lot for $175 by parol, part of the purchase-money to be paid on July 4, 1849. Soles called at that time to pay part of the money to Brown,…
1Opinion of the Court
The opinion of the Court was delivered, by
Lowrie, J.
The question here is, will the Court enforce specific performance of an agreement for the sale of land, of which there is no written evidence except a receipt for part of the purchase-money, defining the lot sold but not defining the price or any other terms of sale ?
The statute of frauds answers the question in the negative, when it declares that no estate granted by parol shall, either in law or equity, have any other effect than as an estate at will. This receipt is written evidence that there was an agreement of some sort about the lot,…
2Cases cited7 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Parkhurst v. Van CortlandCourt for the Trial of Impeachments and Correction of Errors · 1816
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Smith v. StantonSupreme Court of Vermont · 1843
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Franklin Sugar Refining Co. v. HowellSupreme Court of Pennsylvania · 1922
- Walters v. McElroySupreme Court of Pennsylvania · 1892
- Manufacturers Light & Heat Co. v. LampSupreme Court of Pennsylvania · 1921
- Safe Deposit & Trust Co. v. Diamond Coal & Coke Co.Supreme Court of Pennsylvania · 1912
- Rineer v. CollinsSupreme Court of Pennsylvania · 1893
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