Howell v. Kelly
Supreme Court of Pennsylvania
Appeal, No. 456, Jan. T., 1892, by-defendant, Theodore P. Kelly, from judgment of C. P. Fayette Co., June T., 1890, No. 399, on verdict for plaintiff, George D. Howell. Assumpsit to recover share of contingent profits arising from sale of land.
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Appeal, No. 456, Jan. T., 1892, by-defendant, Theodore P. Kelly, from judgment of C. P. Fayette Co., June T., 1890, No. 399, on verdict for plaintiff, George D. Howell. Assumpsit to recover share of contingent profits arising from sale of land. On the trial before Incur am, P. J., it appeared that plaintiff and defendant, in 1883, entered by parol into a partnership to procure options on and sell as one tract coal lands in Red-stone township, including land owned by the defendant. The options first taken expired and other options were subsequently taken. The options were taken in plaintiff’s…
1Opinion of the Court
Pér Curiam,
We are of opinion that the statute of frauds has no application to this case. The plaintiff and the defendant were partners, engaged in the single transaction of procuring options for coal lands, and reselling them at a profit. The profits were to be divided between them. It was held in Benjamin v. Zell, 100 Pa. 33, that an interest in contingent profits, arising from a sale of real estate, to be made thereafter, does not amount to an interest in the land itself, within the meaning of the statute of frauds. It would be a novel doctrine to hold that a partnership agreement must be…
2Cases cited1 opinion
- Benjamin v. ZellSupreme Court of Pennsylvania · 1882
3Cited by12 opinions
- McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
- Maguire v. KieselSupreme Court of Connecticut · 1913
- Knauer v. KnauerSupreme Court of Pennsylvania · 1983
- Davis v. HillmanSupreme Court of Pennsylvania · 1926
- Clark v. EmeryWest Virginia Supreme Court · 1906
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