Wilson v. Clarke
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Luzerne county. Arnzi Wilson against Stephen Clarke. This was an action on the case in which the plaintiff declared upon a parol agreement between him and the defendant, by which he, the plaintiff, agreed to sell to the defendant a certain tract of land for the sum of $200, which the defendant agreed to pay; alleging performance on his part by tender of a deed, and claiming to recover the amount of the purchase-money.
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ERROR to the Common Pleas of Luzerne county. Arnzi Wilson against Stephen Clarke. This was an action on the case in which the plaintiff declared upon a parol agreement between him and the defendant, by which he, the plaintiff, agreed to sell to the defendant a certain tract of land for the sum of $200, which the defendant agreed to pay; alleging performance on his part by tender of a deed, and claiming to recover the amount of the purchase-money. On the trial of the cause the plaintiff asked leave to file a new count charging the defendant with damages for not complying with his contract.…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
As the plaintiff might have entitled himself to damages for the breach of the contract, if not to the purchase money, his count adapted to that alternative, ought to have been received as an amendment of the declaration; and as he was, in any event, entitled to compensation for preparing the conveyance, the jury were misdirected on that head. For these causes, the judgment is to be reversed ; but the important question is whether the contract, as regards specific execution of it, is prohibited by the Statute of Frauds.
It is certainly true…
2Cited by13 opinions
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Rineer v. CollinsSupreme Court of Pennsylvania · 1893
- Henry v. BlackSupreme Court of Pennsylvania · 1904
- Tripp v. BishopSupreme Court of Pennsylvania · 1868
- Corson v. MulvanySupreme Court of Pennsylvania · 1865
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