Wright v. Nulton

Citations

• 219 Pa. 253
• 68 A. 707
• 1908 Pa. LEXIS 557

Syllabus

<p>Statute of frauds — Memorandum in writing- — Parol evidence — Will— Parent and child — Description of land — Contract.</p> <p>In order to take a parol contract for the sale of lands out of the operation of the statute of frajuds, its terms must be shown by full, complete, satisfactory and indubitable proof. The evidence must define the boundaries and indicate the quantity of the land. It must fix the amount of the consideration. It must establish the fact that possession was taken in pursuance of the contract, and at or immediately after the time it was made, the fact that the change of possession was notorious, and the fact that it has been exclusive, continuous and maintained. And it must show performance or part performance by the vendee which could not be compensated in damages, and such as would make rescission inequitable and unjust.</p> <p>Evidence of possession taken before an alleged parol contract for the sale of land is not sufficient to establish part performance. Such possession must be taken under and in pursuance of the contract, and it must be maintained as it is taken.</p> <p>The possession necessary to take a parol contract for the purchase of land, out of the statute, must be taken and maintained under and in pursuance of the contract, and must be exclusive in the vendee.</p> <p>Where an alleged parol contract of sale is between a parent and son, the evidence of the contract must be clearer and stronger than that of a similar contract between strangers, and the evidence to support it must be direct, positive, express and unambiguous. Not only must the terms and the condition of the contract and its subject be well and clearly defined, but the contracting parties must have been brought together face to face.</p> <p>In an action of ejectment, where the plaintiffs claim under a late will of their grandmother, and the defendants, a son of the decedent and his wife claim under an alleged parol contract by which they were given the land in controvers