Croneberger v. Conrad

Citations

• 248 Pa. 612
• 94 A. 255
• 1915 Pa. LEXIS 625

Syllabus

<p>Contracts — Equity—Specific performance — Insufficient evidence.</p> <p>1. In proceedings in equity for the specific performance of a parol contract for the sale of land, the evidence must define the boundaries, indicate the quantity of land, fix the amount of consideration, establish the fact that possession was taken in pursuance of the contract at or immediately after the time it was made and show such performance or part performance by the vendee as cannot be compensated in damages and such as to make rescission of the contract inequitable and unjust.</p> <p>2. In a suit in equity to compel defendant to convey' to plaintiff certain real estate, plaintiff alleged that he had furnished defendant with money to purchase the land under an agreement that the title thereto should be conveyed to plaintiff, but that defendant had taken title and refused to convey as agreed. Defendant denied the existence of the agreement and averred that the money received from plaintiff was a loan for which he had given a promissory note and that it was not used to purchase the property. ' Plaintiff’s allegations were supported by his own testimony, corroborated by that of his wife. Defendant’s allegations were corroborated by a writing of the date on which he received the money. The lower court awarded the relief prayed for. Held, that the written evidence was conclusive of the fact that the money received by defendant from plaintiff was a loan, that by the clear weight of the evidence plaintiff had failed to establish a parol contract by which defendant received the money from him for the purchase of the property in question, or any contract by which it was agreed that any money should be furnished for the purchase of the property, and the decree was reversed.</p>