Fidelity Title & Trust Co. v. West Side Belt Railroad

Citations

• 230 Pa. 160
• 79 A. 235
• 1911 Pa. LEXIS 582

Syllabus

<p>Railroads — Taking of land — Statute of frauds — Oral agreement.</p> <p>Where a railroad company takes an acre of land for railroad purposes, and the owner/upon discovery of the taking, insists that the railroad company shall purchase all of the balance of the plot of which the acre was a part, and the company orally agrees to purchase such balance at a certain amount per acre, but never takes possession of such balance, nor pays any part of the purchase money, the statute of frauds will bar any recovery from the railroad company on its agreement. In such a case the owner’s only remedy is by the statutory proceeding for compensation for the land taken under the right of eminent domain.</p>