15 Pennsylvania opinions name it 7 courts 1919–2025 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Conaway v. 20th Century Corp.green1 sentence2025See Exhibit P-25 at 22; see also CM Goat, 318 A.3d at 397 (writing must be signed by parties to satisfy statute of frauds); Conaway v. 20th Century Corp., 420 A.2d 405, 411 (Pa. 1980) (stating that “writings which show that the parties are still in the process of negotiation . . . do not satisfy the writing requirement of the statute of frauds”). | 1 | 1 |
CM Goat v. Valdez, B.green1 sentence2025See Exhibit P-25 at 22; see also CM Goat, 318 A.3d at 397 (writing must be signed by parties to satisfy statute of frauds); Conaway v. 20th Century Corp., 420 A.2d 405, 411 (Pa. 1980) (stating that “writings which show that the parties are still in the process of negotiation . . . do not satisfy the writing requirement of the statute of frauds”). | 1 | 1 |
Fannin v. Crattygreen1 sentence2019See Fannin, supra, at 1160 (“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[.]”) (citations omitted). | 1 | 1 |
Webcor Packaging Corporation, a Michigan Corporation v. Autozone, Inc., a Nevada Corporationgreen1 sentence2006Techniques, Inc. v. Wackenhut Protective Sys., Inc., 669 F.2d 1026 (5th Cir. 1982), one of the leading specially-manufactured-goods cases, the court explained that the UCC exempts such goods from the writing requirement because “in these cases the very nature of the goods serves as a reliable indication that a contract was indeed formed.” Id. at 1037 ; see also Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384, 1390 (Colo.1983) (“It is a reasonable assumption ... that a seller will not make or procure goods not suitable for sale to others in the normal *333 course of the seller’s bu | 1 | 1 |
Colorado Carpet Installation, Inc. v. Palermogreen2 sentences2006Techniques, Inc. v. Wackenhut Protective Sys., Inc., 669 F.2d 1026 (5th Cir. 1982), one of the leading specially-manufactured-goods cases, the court explained that the UCC exempts such goods from the writing requirement because “in these cases the very nature of the goods serves as a reliable indication that a contract was indeed formed.” Id. at 1037 ; see also Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384, 1390 (Colo.1983) (“It is a reasonable assumption ... that a seller will not make or procure goods not suitable for sale to others in the normal *333 course of the seller’s bu 2006Techniques, Inc. v. Wackenhut Protective Sys., Inc., 669 F.2d 1026 (5th Cir. 1982), one of the leading specially-manufactured-goods cases, the court explained that the UCC exempts such goods from the writing requirement because “in these cases the very nature of the goods serves as a reliable indication that a contract was indeed formed.” Id. at 1037 ; see also Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384, 1390 (Colo.1983) (“It is a reasonable assumption ... that a seller will not make or procure goods not suitable for sale to others in the normal *333 course of the seller’s bu | 1 | 1 |
Shovel Transfer & Storage, Inc. v. Pennsylvania Liquor Control Boardgreen2 sentences2003See Shovel Transfer & Storage, Inc. v. Pennsylvania Liquor Control Bd., 559 Pa. 56 , 739 A.2d 133, 137 (1999). 2003See Shovel Transfer & Storage, Inc. v. Pennsylvania Liquor Control Bd., 559 Pa. 56 , 739 A.2d 133, 137 (1999). | 1 | 1 |
Hessenthaler v. Farzingreen2 sentences1990In Hessenthaler v. Farzin, 388 Pa.Super. 37 , 564 A.2d 990, 992 (1989), we stated: [t]he purpose of the Statute is to prevent the possibility of enforcing unfounded, fraudulent claims by requiring that contracts pertaining to interests in real estate be supported by written evidence signed by the party creating the interest____ Pennsylvania courts have emphasized that the Statute is not designed to prevent the performance or enforcement of oral contracts that in fact were made. (citations omitted, emphasis in original). 1990In Hessenthaler v. Farzin, 388 Pa.Super. 37 , 564 A.2d 990, 992 (1989), we stated: [t]he purpose of the Statute is to prevent the possibility of enforcing unfounded, fraudulent claims by requiring that contracts pertaining to interests in real estate be supported by written evidence signed by the party creating the interest____ Pennsylvania courts have emphasized that the Statute is not designed to prevent the performance or enforcement of oral contracts that in fact were made. (citations omitted, emphasis in original). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Marland v. Royal Insurance
neutral
2 sentences1934Co., 71 Pa. 393 , thus: ‘If deceived or lulled into security it was not by any act of the company, but by trusting to the mere opinion of one who had no authority to bind the company by any such expression.’ ” See also Greene, to use, v. Lycoming Fire Ins. 1922“If the insured . . . chose to rely on the voluntary promise, of the local agent as his warrant for expunging from his contract some of its important provisions, and ignoring the warnings therein given against such attempts to alter or waive the terms of the writing on which his claim is founded, he placed himself in the position described by Agnew, J., in Marland v. Insurance Co., 71 Pa. 393 , thus: ‘If deceived or lulled into security, it was not by any act of the company, but by trusting to the mere opinion of one who had no authority to bind the company by any such expression:’ ” Hottner v | 2 | 1922–1934 |
Hottner v. Aachen & Munich Fire Insurance
neutral
2 sentences1934Co., etc., 31 Pa. Superior Ct. 461, 464 , wherein the court stated: “If the insured, under such circumstances, chose to rely on the voluntary promise of the local agent as his warrant for expunging from his contract some of its important provisions and ignoring the warnings therein given against such attempts to alter or waive the terms of the writing on which his claim is founded, he placed himself in the position described by Agnew, J., in Marland v. Ins. 1922Co., 31 Pa. Superior Ct. 461, 464 . | 2 | 1922–1934 |
Gandy v. Weckerly
green
2 sentences1929Where the writing is induced upon a promise given at the time and honestly intended to be kept, so that there was no fraud at the inception, the broken promise may be set up as a defense because the person attempting to use the writing in violation of his promise, without which the writing would not have been given, is guilty of a fraud: Gandy v. Weckerly, 220 Pa. 285 . 1919In doubtful cases and especially in those requiring broad inquiry into facts, where the court refuses judgment, the matter in controversy should go to the jury as the proper tribunal to decide the cause under proper instructions from the court”; and in Ætna Insurance Company v. Confer, 158 Pa. 598 , 604: “It must be a very plain case of error in law, if we sustain appeals in such cases as this, from the decree of the common pleas discharging the rule.” It is true a party who sets up a contemporaneous parol agreement, varying the terms of a written instrument sued or defended upon, has a heavy | 2 | 1919–1929 |
Keil v. Good
green
2 sentences2008Keil v. Good, 467 Pa. 317 , 356 A.2d 768 (1976). 2008Keil v. Good, 467 Pa. 317 , 356 A.2d 768 (1976). | 1 | 2008–2008 |
Feigley v. Department of Corrections
green
1 sentence2007Defendants cite to Feigley v. Department of Corrections, 872 A.2d 189 (Pa. Commw. 2005), as support for their claim that plaintiff failed to provide the material sections of a writing for which a claim was based. | 1 | 2007–2007 |
Impossible Electronics Techniques, Inc. v. Wackenhut Protective Systems, Inc.
green
2 sentences2006Techniques, Inc. v. Wackenhut Protective Sys., Inc., 669 F.2d 1026 (5th Cir. 1982), one of the leading specially-manufactured-goods cases, the court explained that the UCC exempts such goods from the writing requirement because “in these cases the very nature of the goods serves as a reliable indication that a contract was indeed formed.” Id. at 1037 ; see also Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384, 1390 (Colo.1983) (“It is a reasonable assumption ... that a seller will not make or procure goods not suitable for sale to others in the normal *333 course of the seller’s bu 2006Techniques, Inc. v. Wackenhut Protective Sys., Inc., 669 F.2d 1026 (5th Cir. 1982), one of the leading specially-manufactured-goods cases, the court explained that the UCC exempts such goods from the writing requirement because “in these cases the very nature of the goods serves as a reliable indication that a contract was indeed formed.” Id. at 1037 ; see also Colorado Carpet Installation, Inc. v. Palermo, 668 P.2d 1384, 1390 (Colo.1983) (“It is a reasonable assumption ... that a seller will not make or procure goods not suitable for sale to others in the normal *333 course of the seller’s bu | 1 | 2006–2006 |
Alice v. Robett Manufacturing Co.
green
1 sentence1980Airways, Inc., supra, or which only evidence an offer, Alice v. Robett Manufacturing Co., 328 F.Supp. 1377 (N.D.Ga.1970), aff'd, 445 F.2d 316 (5th Cir. 1971), do not satisfy the writing requirement of the statute of frauds. | 1 | 1980–1980 |
Emmett E. Doherty and Mary Ellen Doherty, Husband and Wife v. Louis F. Coniglio
neutral
1 sentence1980Airways, Inc., supra, or which only evidence an offer, Alice v. Robett Manufacturing Co., 328 F.Supp. 1377 (N.D.Ga.1970), aff'd, 445 F.2d 316 (5th Cir. 1971), do not satisfy the writing requirement of the statute of frauds. | 1 | 1980–1980 |
Harvey Probber, Inc. v. Kauffman
green
2 sentences1980It is only if the claim is based upon a writing that the requirement that it be attached is applicable: Harvey Probber, Inc. v. Kauffman, 181 Pa. Superior Ct. 281 , 124 A. 2d 699 (1956); Goodbody & Co. v. Levine, 59 Luz. 1980It is only if the claim is based upon a writing that the requirement that it be attached is applicable: Harvey Probber, Inc. v. Kauffman, 181 Pa. Superior Ct. 281 , 124 A. 2d 699 (1956); Goodbody & Co. v. Levine, 59 Luz. | 1 | 1980–1980 |
Commonwealth v. Brown
green
1 sentence1975Relying on Mullen v. DuBois Area School District, 436 Pa. 211 , 259 A.2d 877 (1969), appellants, therefore, urge that appellee should not be permitted to take advantage of its failure to comply with the statute by raising preliminary objections based upon the absence of written contracts. | 1 | 1975–1975 |
Mullen v. DuBois Area School District
green
1 sentence1975Relying on Mullen v. DuBois Area School District, 436 Pa. 211 , 259 A.2d 877 (1969), appellants, therefore, urge that appellee should not be permitted to take advantage of its failure to comply with the statute by raising preliminary objections based upon the absence of written contracts. | 1 | 1975–1975 |
Commonwealth v. Pollack
green
2 sentences1958Cupples, Jr. v. Yearick, 99 Pa. Superior Ct. 269 (1930); Commonwealth v. Pollack, 174 Pa. Superior Ct. 621 , 101 A. 2d 140 (1953). 1958Cupples, Jr. v. Yearick, 99 Pa. Superior Ct. 269 (1930); Commonwealth v. Pollack, 174 Pa. Superior Ct. 621 , 101 A. 2d 140 (1953). | 1 | 1958–1958 |
Cupples, Jr. v. Yearick
neutral
1 sentence1958Cupples, Jr. v. Yearick, 99 Pa. Superior Ct. 269 (1930); Commonwealth v. Pollack, 174 Pa. Superior Ct. 621 , 101 A. 2d 140 (1953). | 1 | 1958–1958 |
Ætna Ins. v. Confer
neutral
1 sentence1919In doubtful cases and especially in those requiring broad inquiry into facts, where the court refuses judgment, the matter in controversy should go to the jury as the proper tribunal to decide the cause under proper instructions from the court”; and in Ætna Insurance Company v. Confer, 158 Pa. 598 , 604: “It must be a very plain case of error in law, if we sustain appeals in such cases as this, from the decree of the common pleas discharging the rule.” It is true a party who sets up a contemporaneous parol agreement, varying the terms of a written instrument sued or defended upon, has a heavy | 1 | 1919–1919 |
Noel v. Kessler
green
1 sentence1919In doubtful cases and especially in those requiring broad inquiry into facts, where the court refuses judgment, the matter in controversy should go to the jury as the proper tribunal to decide the cause under proper instructions from the court”; and in Ætna Insurance Company v. Confer, 158 Pa. 598 , 604: “It must be a very plain case of error in law, if we sustain appeals in such cases as this, from the decree of the common pleas discharging the rule.” It is true a party who sets up a contemporaneous parol agreement, varying the terms of a written instrument sued or defended upon, has a heavy | 1 | 1919–1919 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.