Tripp v. Bishop
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Venango county : No. 83, to October and November Term 1867. In the court below William E. Bishop commenced an action of assumpsit to November Term 1865, against Isaac Tripp, Isaac Decker and Samuel Stevenson. There was no appearance for Decker.
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Error to the Court of Common Pleas of Venango county : No. 83, to October and November Term 1867. In the court below William E. Bishop commenced an action of assumpsit to November Term 1865, against Isaac Tripp, Isaac Decker and Samuel Stevenson. There was no appearance for Decker. The plaintiff declared in three counts. 1. That the defendants were indebted to him in $.13,000 “for a certain messuage, &c., bargained and released by him’.’ to them, and being so indebted promised to pay, &c. 2. That they were indebted, &c., “for one undivided half of a certain messuage,” &c., and being so…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Strong, J.
It is only because of the Statute of Frauds that a parol contract for the purchase and sale of lands cannot be enforced according to the words of the contract. Unlike the British statute, ours does not absolutely avoid the agreement. It simply restrains its effect. The British statute declares that “ no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements or hereditaments, or any interest in or concerning them, unless the agreement upon which. such action shall be brought, or…
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