Wilson v. Pennsy Coal Co.

Citations

• 269 Pa. 127
• 112 A. 135
• 1920 Pa. LEXIS 778

Syllabus

<p>Contract — Parol agreement — Written agreement — Terms in contemplation of written agreement — Pcurt consideration — Parol agreement to convey realty — Statute of frauds.</p> <p>An agreement of terms, in contemplation of a written contract, is not a perfect agreement upon which an action can be maintained. To produce this effect, it must be shown, by the acts or declarations of the parties, that they intended the agreement to be operative before execution, and without regard to the writing. This principle is peculiarly applicable to a case where the agreement of one of the parties to convey real estate as part of the consideration is invalid as contrary to the statute of frauds.</p> <p>Maitland v. Wilcox, 17 Pa. 231, followed.</p>