Empire Properties, Inc. v. Equireal, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that in a breach of contract action, “[t]he purpose of damages is to put the plaintiff in the position he or she would have been in but for the - 11 - J-S11043-16 breach.”
• remanding for a new trial where the trial court instructions permitted the jury to find an oral modification of a written contract by a fair preponderance of the evidence, rather than by the appropriate clear and convincing standard
• “A party who cannot perform its own obligations under a contract is not entitled to collect damages.”
• “The purpose of damages is to put the plaintiff in the position he or she would have been in but for the breach.”
• an agreement prohibiting non-written modification may be modified by a subsequent oral agreement if the parties' conduct clearly shows an intent to waive the requirement that amendments be in writing
• a contract made in violation of Pennsylvania’s Statute of Frauds is not void

Source: CourtListener parenthetical corpus (CC0).