George v. Bartoner
Supreme Court of Pennsylvania
An action on the case may be maintained on an unexecuted parol contract for the purchase and sale of land. ERROR to the common pleas of Westmoreland county. Jacob Bartoner against Henry George. Action on the case for ¡damages on a parol contract for the sale of a lot of ground.
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An action on the case may be maintained on an unexecuted parol contract for the purchase and sale of land. ERROR to the common pleas of Westmoreland county. Jacob Bartoner against Henry George. Action on the case for ¡damages on a parol contract for the sale of a lot of ground. The defendant entered into a parol agreement with the plaintiff to sell to him a lot of ground for 250 dollars; 10 dollars of which was paid when the contract was made, and the residue was to be paid at a future day, when the deed was to be executed and delivered. The lot had belonged to the father of the defendant,…
1Per curiam
It is unnecessary to depend on Bell v. Andrews or Ewing v. Tees, for a consequence so plain as that an action may be maintained on an unexecuted parol contract for the purchase and sale of land. We have not re-enacted the fourth section of the 29 Ch. 2, c. 3, which forbids it; and the provisions of the three first sections, condensed by our statute into one, merely operate upon the estate. We might as well doubt whether an action could be maintained on a parol contract of marriage. Should the jury attempt to enforce the contract by damages given as a penalty, it would be the duty of the court…
2Cases cited1 opinion
- Irvine v. BullSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
- Gillespie v. BattleSupreme Court of Alabama · 1849
- Meason v. KaineSupreme Court of Pennsylvania · 1870
- Kutz v. Hepler, Pennsylvania Court of Common Pleas, Schuylkill County1875
- Semenza v. AlfanoSupreme Court of Pennsylvania · 1971
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