Harris v. Harris
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Fayette county: No. 58, to October and November Term 1871. The writ in this action was issued March 26th 1868, by Jonathan J. Harris against Samuel Harris.
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Error to the Court of Common Pleas of Fayette county: No. 58, to October and November Term 1871. The writ in this action was issued March 26th 1868, by Jonathan J. Harris against Samuel Harris. The declaration was that the defendant, in consideration of $200, sold and agreed to convey to the plaintiff a tract of 71 acres of land, “ and thereupon did assume and unto the said plaintiff did faithfully promise” that he would convey the land in fee-simple to the plaintiff; and in pursuance of the “sale, purchase and agreement,” the plaintiff took possession of the land “ as of his own estate,” and…
1Opinion of the Court
*174The opinion of the court was delivered, January 9th 1872, by
Thompson, C. J.
The learned judge below erred in admitting evidence to prove the value of the land out of which the action has arisen, under a parol sale, and in answering the plaintiff’s points as he did; also the points of the defendant on the same subject. We have so repeatedly announced that the rule in actions for damages for a breach of contract to convey, under a parol sale of real estate, is not to be measured by the value of the land, but by the consideration paid, and compensation for improvements made in clearing, fencing,…
2Cited by17 opinions
- Rineer v. CollinsSupreme Court of Pennsylvania · 1893
- Seidlek v. BradleySupreme Court of Pennsylvania · 1928
- Allardice v. McCainSupreme Court of Pennsylvania · 1953
- Christy v. ChristySupreme Court of Pennsylvania · 1946
- Trachtenburg v. Sibarco Stations, Inc.Supreme Court of Pennsylvania · 1978
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