Glasse v. Stewart

Citations

• 32 Pa. Super. 385
• 1907 Pa. Super. LEXIS 18

Syllabus

<p>Vendor and vendee — Contract—Breach—Measure of damages.</p> <p>If a vendor of land makes default without fraud the vendee is only-entitled to recover the price paid, together with the expenses incurred on faith of the contract. This rule applies both to written and parol contracts.</p> <p>Where a plaintiff seeks to recover'a larger measure of damages for a breach of an agreement to sell land, it is necessary that he make it appear from the evidence that the defendant practiced fraud, artifice or collusion; and this must have inhered in the original agreement. Until some evidence is introduced tending to show fraud on the part of the defendant, he is not called upon to give any reasons for his conduct. The mere refusal to convey is not evidence of fraud.</p> <p>Where on an appeal from a judgment in favor of the plaintiff in an action for a breach of a contract for the sale of land, it appears that there was no evidence of fraud on the part of the vendor, and it also appears that there was no dispute in regard to the hand money paid, and there is no evidence as to other expenses incurred, the appellate court will not reverse the judgment, but will amend and reduce it so as to make the amount of the judgment the amount of the hand money, and so amended will affirm the judgment.</p>