Rineer v. Collins

Citations

• 156 Pa. 342
• 27 A. 28
• 1893 Pa. LEXIS 1355

Syllabus

<p>[Marked to be reported.]</p> <p>Breach of parol contract for sale of land — Damages.</p> <p>Where there has been no fraud in the origin of a contract for the sale land, the measure of daniages for a breach of the contract is the money actually paid on account of the purchase, and the expenses incurred on the faith of the contract.</p> <p>In an action to recover damages for a breach of a contract for the sale of land, where it appears that there was no fraud or bad faith in the original contract, and that there was no possession taken, no purchase money paid, no improvements made, and nothing changing the position of the vendee, the plaintiff is only entitled to recover nominal damages.</p> <p>Statute of frauds — Memorandum—Parol evidence.</p> <p>Where an agreement in writing for the sale of land cannot be established without the help of parol testimony, the agreement must be regarded as a parol contract only.</p> <p>It seems that the following writing signed by the vendor, is within the statute of frauds: “ This is to certify that I have sold to W. II. Rineer all my right in the assigned estate of John Zahm, including the farm and ore, for the sum of $75, which I have his note lor 90 days on the above date.”</p>