Dumars v. Miller
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of assumpsit by Charles Miller against Claudius Dumars, his vendor, to recover damages for the breach of a parol contract for the sale, by the defendant to the plaintiff, of a tract of about 20 acres of land with a fiouring-mill thereon; and the only question presented was, as to the measure of damages.
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Error to the Common Pleas of Erie county. This was an action of assumpsit by Charles Miller against Claudius Dumars, his vendor, to recover damages for the breach of a parol contract for the sale, by the defendant to the plaintiff, of a tract of about 20 acres of land with a fiouring-mill thereon; and the only question presented was, as to the measure of damages. The court below (Galbraith, P. J.) admitted evidence on the part of the plaintiff to prove thfe. value of his bargain, over and above the price agreed to be paid for the land; and, in answer to points presented by the defendant’s…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This was an action on the. case for breach of a parol agreement to convey twenty acres of land with a flouring-mill thereon, and the only question raised upon the record for our decision, has reference to the measure of damages. The consideration of the contract was an ascertained and fixed sum of money, no part of which seems to have been paid, but the plaintiff was put to certain expenses and trouble in the preparation of title-deeds, when it was discovered the defendant could not perform the contract. He dees not controvert the…
2Cited by13 opinions
- Seidlek v. BradleySupreme Court of Pennsylvania · 1928
- Stephens v. BarnesSuperior Court of Pennsylvania · 1906
- Haney v. HatfieldSupreme Court of Pennsylvania · 1913
- Walter v. TransueSuperior Court of Pennsylvania · 1901
- Gray v. HowellSupreme Court of Pennsylvania · 1903
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