Llewellyn v. Sunnyside Coal Co.
Llewellyn v. Sunnyside Coal Co.
Opinion of the Court
Opinion by
Both parties to the controversy claim title to the land under and through Mrs. J. C. Yeagley; the plaintiff by a regular deed of conveyance from Mrs. Yeagley, the defendant by virtue of an alleged earlier contract of purchase and sale between Mrs. Yeagley, actingby attorney-in-fact, and one Daniel Cauffiel. Cauffiel'.never
“The question here is, will the court enforce specific performance of an agreement for the sale of land, of which there is no written evidence except a receipt for part of the purchase money, defining the lot sold, but not defining the price or any other terms of sale? The statute of frauds answers the question in the negative, when it declares that no estate granted by parol shall, either in law or equity, have any other effect than as an estate at will. This receipt is evidence that there was an agreement of some sort about the lot, and that it has been partly performed, but it does not inform us of the terms of the agreement and without this it is impossible to enforce it. With or without the statute of frauds, an agreement with unknown terms is void. We may know that there was an agreement, but without proper evidence of its terms our knowledge is useless, and such is this case. — A contract is as much void when the consideration, as when the subject, is undefined. Where the parties have left authority uncertain, the contract is legally incomplete and, therefore, void. When the law requires the contract to be in writing, it means that the complete contract must be proved by writing. That is not a written contract that is not self-sustaining. It is verbal if it requires verbal testimony to sustain it by proving any essential part, of it.”'
Counsel for appellant would associate as one thesé two written papers, an article of agreement for the sale
“By our acts of Assembly an authority to sell land, must be in writing, — therefore, if the sale had rested solely on parol authority, it would have been void.”
Tilghman, C. J., in VanHorne v. Frick, 6 S. &. R. 90.
But it is further argued that this was but preliminary to showing acts of ratification by Mrs. Yeagley of the acts of her agent. A sufficient answer here is that any such ratification would necessarily rest in parol, and therefore would not avail, since it is well settled that where a previous authority in writing is required by law a subsequent recognition can be effective only as it is evidenced in the same way.
“It would be in vain for the statute to declare that the agent should originally be constituted in writing, if courts of law should hold that a subsequent parol recognition of the acts of the agent, not constituted originally in writing, would satisfy the law. This would only re
This was said by President Judge King in Parrish v. Koons, 1st Parsons Equity Cases, 79.
We find nothing in the offers made by the defendant sufficient to take the case out of the operation of the statute, and it follows that the court committed no error in giving binding instructions for the plaintiff. There was nothing developed in the case that would have justified a decree of specific performance of the alleged contract. In what we have said we have sufficiently passed upon the several assignments of error. These are overruled and the judgment is affirmed.
Reference
- Full Case Name
- Llewellyn v. The Sunnyside Coal Co.
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- 14 cases
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- Syllabus
- Beal property — Title to land — Contracts for the sale of land— Written contracts — Statute of frauds — Ejectment. 1. The Statute of Frauds requires that the authority of an agent who undertakes to bind a principal by a contract for the sale of land shall be shown by a writing, and where a subsequent ratification by the principal of the acts of the agent is relied upon to establish a valid conveyance, it must be evidenced in the same way. 2. The requirement of the Statute of Frauds that contracts for the sale of land shall be in writing can only be met by proof in writing of the complete contract. An instrument which is not self-sustaining and which requires verbal evidence to supply any essential part is not a compliance with the statute. 3. A receipt for the purchase money of land containing nothing descriptive of the subject of the agreement of sale, disclosing nothing as to who the parties to the agreement are and silent as to the terms of payment, is not a sufficient memorandum of a contract for the sale of land within the meaning of the Statute of Frauds. 4. Two papers which are relied upon to establish a contract for the sale of land, neither of which contains any indication of any association with the other, so that parol evidence would be required to establish such association, will not constitute a contract for the sale of land within the meaning of the Statute of Frauds. 5. In an action of ejectment plaintiff claimed title by regular deeds of conveyance from a grantor under whom defendant claimed title by a prior conveyance; it appeared that defendant relied upon a written instrument purporting to be a contract, for the sale of the land to defendant’s grantor, signed by defendant’s grantor but not' signed by plaintiff’s grantor, and a written receipt, distinct and separate from the contract, for $100, in payment, for land and leases sold to defendant’s grantor “as per agreement.” The receipt, was signed by a third person as attorney-in-fact for plaintiff’s grantor; no written authority from plaintiff’s grantor constituting the signer of the receipt her attorney-in-fact was shown; the court excluded the evidence and directed a verdict for plaintiff. Held, no error.