192 Pa. Super. 550 | Pa. Super. Ct. | 1960
Opinion by
We are here concerned with an appeal by Stanley Dydek and his wife, Millie Dydek, from a final decree of the Court of Common Pleas of Beaver County, in equity, dated November 30, 1959. It will be necessary to set forth the factual and procedural situation in considerable detail.
Sometime prior to June 1, 1956, Martin Potoczny and his uncle, Stanley Dydek, negotiated with Ray E. Plunkett for the purchase of a farm of 150.87 acres in Independence Township, Beaver County. During these negotiations, it was agreed between Potoczny and Stanley Dydek that the latter would purchase the northern two-tliirds of the farm and Potoczny would purchase the southern one-third, containing approximately 51 acres. On June 1, 1956, Plunkett entered into a written agreement with Potoczny and Stanley Dydek wherein he agreed to sell the entire farm for a consideration of $4,500.00, payable $500.00 down and the balance on delivery of the deed. Of the original down payment, Potoczny paid $150.00 and Stanley Dydek paid $350.00. Both Potoczny and Stanley Dydek were named in the agreement of sale as buyers, but their individual shares were not delineated. Prior to the execution of the written agreement, Potoczny had arranged with his father-in-law to borrow his share of the purchase price.
Following the execution of the agreement of sale, Potoczny went on the southern portion of the farm and,
On September 2, 1956, Stanley Dydek and Millie Dydek were married. On September 13, 1956, Plunkett conveyed legal title to the entire 150.S7 acre farm to Stanley Dydek. Upon delivery of the deed, Stanley Dydek paid the entire balance of the purchase price, costs, fees and expenses. The deed was subsequently recorded on December 3, 1956. Stanley Dydek did not notify Potoezny of the fact that the deed had been delivered, and the latter first learned about it in January, 1957. lie then went to Stanley Dydek to see about getting the survey made. When Stanley Dydek refused because of the cost, Potoezny offered and agreed to pay the entire cost of the survey, which offer was refused. Moreover, Potoezny was denied permission to go on the farm to make a survey, and was ordered to stay off on threat of prosecution. On May 9, 1957, Stanley Dydek executed a deed from himself to Stanley Dydek and Millie Dydek, his wife, for a consideration of ¡p.OO.
On February 7, 195S, Potoezny filed a complaint in equity in which Stanley Dydek and Millie Dydek Avere made defendants. Preliminary objections were overruled, and an ansAver containing neAV matter Avas filed. FolloAving a reply to the neAV matter, the case Avas set doAvn for hearing. Potoezny testified in his oavu behalf,
The conclusion of the chancellor was that the conveyance from Plunkett to Stanley Dydek on September 13, 1956, created a resulting trust of the southernmost 51 acres of land for Potoczny, and that Stanley Dydek and Millie Dydek held title thereto as trustees for Potoczny. Accordingly, a decree nisi was entered on May 4, 1959, providing “that the defendants, Stanley Dydek and Millie Dydek, permit plaintiff, Martin Potoczny, to enter upon said 150.87 Acres of land for the purpose of obtaining and making a survey of the dividing line between the southernmost fifty-one (51) Acres of said land and the remainder thereof and upon
On May 22,1959, the period for filing exceptions was extended for an additional 20 days. Appellants’ present counsel thereafter entered the case and, June 12, 1959, filed fifteen exceptions to the adjudication. These exceptions were dismissed by the court en banc, and a final decree was entered. This appeal followed.
Appellants’ contentions may be resolved into the following propositions: (1) That the testimony of appellee and his witnesses violates the parol evidence rule; (2) that the oral agreement between the parties was not valid under the Statute of Frauds; and (3) that the facts do not support a finding that appellants hold a portion of the land subject to a resulting trust in favor of appellee.
Relying on Gianni v. Russell, 281 Pa. 320, 126 A. 791, appellants contend that any oral testimony that appellee was to receive a fractional portion of the entire farm was inadmissible since it would vary the terms of the written agreement of June 1, 1956. Appellants cite Palone v. Moschetta, 387 Pa. 386, 128 A. 2d 37, for the proposition that a mere breach of good faith, or a broken promise to do or refrain from doing something in the future is not accounted fraud of the
It is well settled that an oral agreement is not superseded or invalidated by a subsequent or contemporaneous integration, if the oral agreement is not inconsistent with the integrated contract, and is such an agreement as might naturally be made separately by parties situated as were the parties to the written contract: McCormick v. Harris, 130 Pa. Superior Ct.
It is also Avell settled that a Avritten agreement may be modified by a subsequent oral agreement and proof thereof be offered without violating the parol evidence rule: Elliott-Lewis Corp. v. York-Shipley, Inc., 372 Pa. 346, 94 A. 2d 47; Wagner v. Graziano Const. Co., 390 Pa. 445, 136 A. 2d 82; Sipowicz v. Olivieri, 174 Pa. Superior Ct. 549, 102 A. 2d 175; Kirk v. Brentwood Manor Homes, 191 Pa. Superior Ct. 488, 159 A. 2d 482. In the instant case, the written agreement Avas executed on June 1, 1956. Yet, the final agreement betAveen Potoczny and Stanley Dydek Avas not made until August 30, 1956, Avhen the parties met in the office of Attorney Craig. It is important to note that the agreement eventually reached at that conference was not merely a restatement of an arrangement previously consummated by the parties themselves, but Avas a complete agreement arrived at only after discarding several other proposed schemes. Attorney Craig testified in detail with regard to the discussion in his office and the terms of the final agreement, consented to by all the parties. As evidencing a subsequent parol agreement, this testimony, as Avell as that of appellee to the same effect, Avas fully admissible.
Appellants further contend that the parol agreement was unenforceable because of the Statute of Frauds.
Where a transfer of property is made to one person and the purchase price is paid by another, a resulting
“Where a transfer of property is made to one person and a part of the purchase price is paid by another, a resulting trust arises in favor of the person by whom such payment is made in such proportion as the part paid by him bears to the total purchase price”: Restatement (2d), Trusts, §454. As stated in comment j: “If it appears that the payor and transferee agreed that the payor should have the whole interest in a particular part of the property or a particular estate in the property, there is a resulting trust to the extent of the interest or estate which it was agreed that the payor should have”. Cf. Zahorsky v. Leschinsky, 394 Pa. 368, 147 A. 2d 362.
Decree affirmed.
Since tlie grantees were not bona title purchasers for value without notice, this conveyance did not create rights which were prejudiced by the decree below. See MaCully v. Flanagan, 99 Pa. Superior Ct. 566.
This financial adjustment was based upon a stipulation of counsel.
Appellants assert that “An interest cannot lie ‘undivided’ and, at the same time, be a specific fractional portion of a tract of land”. We are not troubled by the question of semantics, since it is obvious from a reading of the entire adjudication that “undivided” was used b.v Die chancellor in the popular sense of “Not set off or actually separate by division” rather than in the strictly legal sense of “Designating, or pertaining to, property held by two or more persons by the same title”.
Act of March 21, 1772, 1 Sm. L. 389, 33 P.S. 1, et seq.