Oyer v. Applegate

Citations

• 57 Pa. Super. 89
• 1914 Pa. Super. LEXIS 155

Syllabus

<p>Contract — Oral lease — Landlord and tenant.</p> <p>In an action to recover damages for the breach of a contract to erect a store building, it appeared that in April, 1902, plaintiff and defendant entered into an oral agreement under which the plaintiff became the tenant of a dwelling house and a vacant lot adjoining. The lease was from month to month with a right in either party to terminate it by a month’s notice. About a month after the plaintiff had taken possession he and the defendant entered into an oral agreement by which the latter agreed to build a store building on the vacant lot and have it ready for use as soon as the plaintiff left his employment as a railroad engineer. In August, 1904, the plaintiff left his employment, but nothing was done at the time or ever afterward relating to the store building, and the plaintiff never demanded its construction. In April, 1909, plaintiff gave up the premises. In March, 1911, he brought an action for damages for the breach of the contract to construct the store building. Held, that (1) the plaintiff was barred by the statute of limitations, and (2) that the verbal agreement to build could not be treated as an independent contract apart from the lease, inasmuch as it was too vague in its terms to be enforced.</p>