Penn State Law Review Volume 9

Penn State Law Review Volume 9

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: the value of the bargain in direct contravention of the rule in written contracts instead of being directed to the consideration of the bargain as in those cases?" This would lead to the supposition that the rule in written contracts both executory and executed was directed merely to the consideration of the bargain. But the parol rule therein deduced was taken from the rule in reference to covenants of seisin, which is the real consideration paid. This is also the rule for the measure of damages for the breach of the covenants of quiet enjoyment and warranty. This then may be presumed to be the settled principle in regard to written contracts in Pennsylvania, only where the man, who contracts for land and pays the price and loses it without fraud in the vendor, brings the action. His recovery being limited to the money paid and interest thereon or the value of services rendered if this was the form in which the consideration was paid. Hertzog v. Hertzog was not a case of an executory written contract and merely laid down the rule of damages for breach of a parol contract, in the absence of fraud, to be the actual consideration passing between the parties. That is, if the consideration were services rendered, they are to be compensated according to their value; if moneys received, they are to be returned with interest; but the value of the bargain is not the measure. This parol rule being followed in McNair v. Compton,35 Pa. 23; Thompson v. Shepler, 72 Pa. 160; Grey v. Howell, 205 Pa. 211. Buteven in parol contracts where there is fraud, damages are recoverable for loss of bargain. Thompson v. Shepler, supra. Now although it has been said that the same measure of damages has been applied whether the contract were executed or...
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Product details

  • Paperback | 128 pages
  • 189 x 246 x 7mm | 240g
  • United States
  • English
  • black & white illustrations
  • 1236972317
  • 9781236972316