Sage v. M'Guire
Supreme Court of Pennsylvania
APPEAL from the decree of the District Court of Venango county. The petition of John G. M’Guire for leave to prove a parol contract, &c., set forth that Jonathan R. Sage on or about the 31st January 1839, was seised of and in a certain in-lot in Franklin, No. 571, on which were erected a small frame dwelling-house and frame stable. That being so seised, did by parol agreement contract for the sale thereof to the petitioner for the sum of $300, to be paid to Sage.
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APPEAL from the decree of the District Court of Venango county. The petition of John G. M’Guire for leave to prove a parol contract, &c., set forth that Jonathan R. Sage on or about the 31st January 1839, was seised of and in a certain in-lot in Franklin, No. 571, on which were erected a small frame dwelling-house and frame stable. That being so seised, did by parol agreement contract for the sale thereof to the petitioner for the sum of $300, to be paid to Sage. That the petitioner paid to Sage in his lifetime the sum of $79, part of the purchase money; and by direction of Sage a deed was…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— Before a Court of Chancery will undertake to enforce the specific performance of a parol contract, it is indispensable to prove, by the most clear and indisputable evidence, the precise terms and nature of the agreement; and in addition, that the vendee has taken the exclusive possession of the land sold, in consequence of and in pursuance of the contract. Also, to enforce it against the heirs, it is indispensable that the possession be delivered in the lifetime of the vendor. For, I know of no case where an imperfect contract which wants…
2Cases cited1 opinion
- Patterson v. SchoyerSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Ward v. StuartTexas Supreme Court · 1884
- Morrish v. Price Et Ux.Supreme Court of Pennsylvania · 1928
- VanHorn v. Munnell, Pennsylvania Court of Common Pleas, Lawrence County1891
- Bratsch v. McCarthySuperior Court of Pennsylvania · 1940
- In re Eargood's EstatePennsylvania Orphans' Court, Dauphin County · 1855