Reno v. Moss
Supreme Court of Pennsylvania
ERROR TO THE COURT OB COMMON PLEAS OB BERKS COUNTY. No. 313 January Term 1888, Sup. Ct.; court below, No. 18 September Term 1880, C. P. On August 11, 1880, Charles H. Moss brought ejectment against David M. Reno, to recover possession of house and lot No. 228 North Sixth Street, Reading, 25 feet in front and 230 feet in depth.
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ERROR TO THE COURT OB COMMON PLEAS OB BERKS COUNTY. No. 313 January Term 1888, Sup. Ct.; court below, No. 18 September Term 1880, C. P. On August 11, 1880, Charles H. Moss brought ejectment against David M. Reno, to recover possession of house and lot No. 228 North Sixth Street, Reading, 25 feet in front and 230 feet in depth. At the trial on April 14, 1886, it appeared, generally, that on October 17, 1865, Daniel Miller bought of William H. Clymer a larger lot of which the lot in dispute formed a part. The deed was to be executed on November 1, 1865, but though dated of that date it was not…
1Opinion of the Court
Opinion,
Mr. Justice Williams:
This is an equitable ejectment in which the plaintiff’s title rests upon an alleged parol contract for the purchase of a house and lot in the city of Reading,, The important question raised by the assignments of error is, whether the proof of the contract and of the part performance of its terms, is sufficient to take the case out from under the operation of the statute of frauds. The plaintiff is in effect seeking a decree of specific execution, and the burden is on him to show, first, a contract complete in its terms; and next, such partial performance by the…
2Cases cited11 opinions
- Church v. RulandSupreme Court of Pennsylvania · 1870
- Moore v. SmallSupreme Court of Pennsylvania · 1852
- McKowen v. McDonaldSupreme Court of Pennsylvania · 1863
- Remington v. IrwinSupreme Court of Pennsylvania · 1850
- Bowers v. BowersSupreme Court of Pennsylvania · 1880
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3Cited by10 opinions
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