Bender's Administrators v. Bender
Supreme Court of Pennsylvania
Error to the Common Pleas of Westmoreland county. This was an action of assumpsit brought by Jacob Bender against Samuel Rock, administrator, &e., of George Bender, deceased, with notice to the heirs; to recover damages for the breach of an alleged parol contract, made between him and his father, the said deceased, by which it was agreed that a certain tract of land should be devised to the plaintiff. The defendant pleaded non assumpsit and non assumpsit infra sex amos.
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Error to the Common Pleas of Westmoreland county. This was an action of assumpsit brought by Jacob Bender against Samuel Rock, administrator, &e., of George Bender, deceased, with notice to the heirs; to recover damages for the breach of an alleged parol contract, made between him and his father, the said deceased, by which it was agreed that a certain tract of land should be devised to the plaintiff. The defendant pleaded non assumpsit and non assumpsit infra sex amos. It appeared from the evidence, that, in consideration of this intended devise, the plaintiff was to maintain his father…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
By our law, this contract, though not put in writing, is not entirely nugatory; hut only so far so that it passes no interest in the land, and cannot furnish any right in law or equity to demand a specific performance. But damages may be recovered for the breach of it. What damages?
Compensation for all that the plaintiff below did in pursuance of the contract, and in satisfaction of his part thereof, and for all permanent improvements made upon the land, in reliance upon the contract, with the knowledge of the defendant, and which the…
2Cited by3 opinions
- Holland Furnace Co. v. Keystone Dehydrating Co.Superior Court of Pennsylvania · 1942
- Immel v. HerbSuperior Court of Pennsylvania · 1910
- Vernam v. WilsonSuperior Court of Pennsylvania · 1906