Benjamin v. Zell
Supreme Court of Pennsylvania
Error to the Court of Common Fleas of Berks county: Of January Term 1882, No. 181. Assumpsit, by Thomas Zell and Benjamin L. Eshelman against Iliram D. Benjamin, to recover a portion of the profits realized by the defendant upon the sale of a certain farm. Plea, non-assumpsit, with leave, &c.
Read the full summary
Error to the Court of Common Fleas of Berks county: Of January Term 1882, No. 181. Assumpsit, by Thomas Zell and Benjamin L. Eshelman against Iliram D. Benjamin, to recover a portion of the profits realized by the defendant upon the sale of a certain farm. Plea, non-assumpsit, with leave, &c. Upon the trial, before Hagenman, F. J., the following facts appeared : — In the summer of 1867 the plaintiffs entered into a written agreement with one John Hahn, whereby they obtained the refusal, for sixty days, of the right to purchase a tract of land belonging to said Hahn, at $300 per. acre, or…
1Opinion of the CourtJustice Mercur
The statute of frauds is no bar to a recovery under the facts found by the jury. The verdict has settled the conflicting evidence, and taken the ease out of the statute. It has established as a fact that the recovery is not for land purchased of the defendants in error; but for profits made by the plaintiff in error on lands he purchased of one Hahn, through the aid and assistance of the defendants in error. The claim is not for consideration money which he agreed to pay for title which he acquired to the land ; but for profits which he afterwards acquired by a sale thereof. The obligation to…
2Cases cited4 opinions
- Craig v. CraigSupreme Court of Pennsylvania · 1835
- Hess v. FoxNew York Supreme Court · 1833
- Bruce v. HastingsSupreme Court of Vermont · 1868
- Rinehart v. OlwineSupreme Court of Pennsylvania · 1843
3Cited by13 opinions
- Bates v. BabcockCalifornia Supreme Court · 1892
- McBride v. Western Pennsylvania Paper Co.Supreme Court of Pennsylvania · 1919
- Knauer v. KnauerSupreme Court of Pennsylvania · 1983
- Williams Et Ux. v. MoodhardSupreme Court of Pennsylvania · 1941
- Davis v. HillmanSupreme Court of Pennsylvania · 1926
8 more not listed; retrieve them via the Exa API.