279 Pa. Super. 508 - Weir v. Rahon’s Empirical Analysis
1980
Citation profile
17 state decisions
How this case has been cited
Cited by 21 later decisions — most recently April 2010
17 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Corace v. BALINT (Et Al.) · Stevenson v. General Motors Corp. · Polka v. May · Seidlek v. Bradley · Rineer v. Collins
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"`It is . . . elementary that, because of the provisions of the statute of frauds, an agreement for the sale of land cannot be specifically enforced unless in writing signed by the parties to be charged or their agents thereunto lawfully authorized by writing . . . .' Polka v. May, 383 Pa. 80, 82 , 118 A.2d 154, 155 (1955). Our statute of frauds, however, has been construed as permitting recovery of damages for breach of an oral agreement to sell land. See, e.g., Polka v. May, supra ; Hertzog v. Hertzog's Administrator, 34 Pa. 418 (1859); Immel v. Herb, 43 Pa.Super. 111 (1910); Stephens v. Barnes, 30 Pa.Super. 127 (1906); Swayne v. Swayne, 19 Pa.Super. 160 (1902). Generally, the measure of damages in such a case is `the money that was paid on account of the purchase and the expenses incurred on the faith of the contract.' Polka v. May, supra, 383 Pa. at 84 , 118 A.2d at 156 . See also Corace v. Balint, 418 Pa. 262 , 210 A.2d 882 (1955); McCafferty v. Griswold, 99 Pa. 270 (1881); Meason v. Kaine, 67 Pa. 126 (1870). Where the oral agreement has been obtained by fraud, however, the buyer `may recover as damages the loss of his bargain. . . .' Seidlek v. Bradley, 293 Pa. 379, 383 , 142 A. 914, 915 (1928). Such fraud `must be actual fraud that reaches back to the original contract.' Id., 293 Pa. at 382 , 142 A. at 915 . See also Rineer v. Collins, 156 Pa. 342, 352 , 27 A. 28 (1893) (`According to all authorities, the fraud necessary to entitle the vendee to recover must be such as”
2 later decisions quote this exact passage“"There was no evidence, however, that Elsie Rahon intended to mislead plaintiffs. Moreover, there was no evidence that Elsie Rahon planned at that time not to sell the property to plaintiffs. Her later refusal to sell the property to plaintiffs is insufficient to prove fraud at the time the contract was entered into. See Rineer v. Collins, supra . Consequently, because there was no fraud in this case and Elsie Rahon returned the $2,000.00 paid by plaintiffs, plaintiffs are entitled only to damages for `the expenses incurred on the faith of the contract.' Polka v. May, supra ." Id. (Emphasis added)”
1 later decision quote this exact passage“the plaintiffs paid the real estate commission on the faith of their own oral contract.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.