Sorber v. Masters

Citations

• 264 Pa. 582
• 107 A. 892
• 1919 Pa. LEXIS 701

Syllabus

<p>Statute of frauds — Evidence—Sufficiency—Parol evidence — Title to real estate — Contract by parent to convey to children — Consideration — Maintenance of home — Declarations—Exclusive possession.</p> <p>1. Persons, claiming title to real estate by virtue of an oral contract for the transfer of real estate by a parent to her children, in consideration of the maintenance of a common home by the children for the parent’s benefit, must establish their claim by evidence that is clear, precise and indubitable.</p> <p>2. In such a case the witnesses depended upon to prove the contract must have heard the bargain when made, or must have heard the parties repeat it in each other’s presence, inasmuch as a contract cannot be inferred from the declarations of one of the parties. Exclusive possession must be shown to have been assumed by the sons to take the case out of the statute.</p> <p>Statute of frauds — Evidence — Sufficiency of writing — Several papers — Parol evidence.</p> <p>3. If written memoranda, consisting of separate papers, are depended upon to satisfy the statute of frauds, when taken together they must accord in every material particular with the bargain averred inasmuch as parol evidence is incompetent to explain departures.</p> <p>4. Where in an action of ejectment by a mother against two sons, the defendants claim title by virtue of an alleged agreement, the consideration of which is to maintain a home for their mother for life, and by which she was to execute a deed to the two sons in common for one farm, and to devise by will, two other farms, one to each of the sons, such papers do not satisfy the statute of frauds where it appears that the deed specified a large money consideration, and the will made no reference whatever to the alleged agreement.</p> <p>Contract — Construction—To convey property — Consideration— Provide a home for grantor — Personal performance hy grantee— Termination — Death of grantee.</p> <p>5. An agreement by an aged parent to co