53 Pa. 332 | Pa. | 1867
The opinion of the court was delivered, by
The evidence in this case to take it out of the Statute of Frauds and Perjuries was clearly sufficient to satisfy the conscience of a chancellor, and therefore to be submitted to the jury. About the time of the taking of possession by the defendant, the plaintiff declared that he had sold the property to the defendant, giving reasons why it was advantageous to him to sell it. The defendant their erected buildings and improved the property, at an expense far beyond the value of the land itself. The quarter acre bought by defendant was cut off from1 the plaintiff’s land by a line surveyed across it at one end. The plaintiff himself was present and assisted defendant in a part of his work at the building. This was in the fall of 1861. In 1862, a surveyor was brought to run the lines for the purpose of making the deed. The plaintiff came there, pointed out his lines; the survey was made, and both he and the defendant together instructed the surveyor to write the deed accordingly.
Having neglected to ask the sum to be written in the deed as
The court below was therefore right in submitting the case to the jury, with instructions if they believed the facts to be in this way, to return a verdict for the plaintiff, to be released on payment of the unpaid purchase-money in a reasonable time.
Judgment affirmed.