Heilman v. Weinman

Citations

• 139 Pa. 143
• 21 A. 29
• 1891 Pa. LEXIS 966

Syllabus

<p>(a) The plaintiff, operating a coal mine on the nortli side of a road, under a written lease from the defendant, made a parol agreement with the latter that if he could find coal on the south side of the road, the defendant would lease to him eight or ten acres thereof, for as long as it would last, at a certain rental.</p> <p>(b) The plaintiff having developed coal on the south side of the road and opened and prepared a pit, and a platform and road for the working of it, on the faith of the parol agreement, the defendant then refused to execute the lease and ordered the plaintiff to cease work, whereupon the latter sued for damages:</p> <p>1. These facts, being found by the jury upon evidence properly submitted, the parol contract was an independent agreement, upon the breach of which the plaintiff was 'entitled to recover damages to the value of his work done: moreover, the case was unaffected by the statute of frauds, and no change of the written contract by parol was involved.</p>