part performance doctrine (Pennsylvania) · Go Syfert
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part performance doctrine in Pennsylvania

6 Pennsylvania opinions name it 4 courts 1982–2026 2 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.

Followed or applied (2)

CaseFollowedCited
Firetree, Ltd. v. Department of General Servicesgreen
pacommwct · 2009 · cited in 2 Pennsylvania opinions naming this issue, 2020–2026
2 sentences

2026Whether the trial court erred and/or abused their discretion by failing to properly apply the facts in this matter to the holding in Firetree, Ltd. v. Dept. of General Services, 978 A.2d 1067, 1074 (Pa. Commw. 2009), as the record shows that [Bonnie] had paid compensation for the property, that [Bonnie] took possession of the property, that [her] harm cannot be compensated in damages, and that the rescission here by [Melvin] would be manifestly unfair to [Bonnie]?

2020Servs., 978 A.2d 1067, 1074 (Pa. Cmwlth. 2009) (citing Greenwich Coal & Coke Co. v. Learn, 83 A. 74 (Pa. 1912)).

22
Briggs v. Sackettgreen
pasuperct · 1980 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987The doctrine is set forth in Briggs v. Sackett, 275 Pa.Super. 13, 16 , 418 A.2d 586, 588 (1980): Where, however, the party seeking to enforce the conveyance has partially performed the contract, so as to render recission inquitable and unjust, the contract may be outside the operation of the statute.

1987The doctrine is set forth in Briggs v. Sackett, 275 Pa.Super. 13, 16 , 418 A.2d 586, 588 (1980): Where, however, the party seeking to enforce the conveyance has partially performed the contract, so as to render recission inquitable and unjust, the contract may be outside the operation of the statute.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Kurland v. Stolker green
pa · 1987
1 sentence

2026Whether the trial court erred and/or abused their discretion in failing to find the existence of a valid agreement of sale, using the factors under the standard set forth in Kurland v. Stolker, 533 A.2d 1370 (Pa. 1987), with regards to the part performance exception to the requirement that an agreement for the sale of real estate be in writing? -2- J-A28008-25 4.

12026–2026
Hostetter v. Hoover green
pa · 1988
1 sentence

2021Trial Court Opinion, 9/30/20, at 10-11 (emphasis added) (citing Hostetter, supra (where the part performance exception is met, “equity will enforce the contract to prevent a greater injustice.”)).

12021–2021
Greenwich Coal & Coke Co. v. Learn neutral
pa · 1912
1 sentence

2020Servs., 978 A.2d 1067, 1074 (Pa. Cmwlth. 2009) (citing Greenwich Coal & Coke Co. v. Learn, 83 A. 74 (Pa. 1912)).

12020–2020
Klingensmith v. Klingensmith green
pa · 1953
2 sentences

1984Klingensmith v. Klingensmith, 375 Pa. 178 , 100 A.2d 76 (1953).

1984Klingensmith v. Klingensmith, 375 Pa. 178 , 100 A.2d 76 (1953).

11984–1984
White v. McKnight neutral
sc · 1928
2 sentences

1982It is because the part performance doctrine has its basis in equity that the majority of the states do not permit the doctrine of part performance to avoid the bar of the statute of frauds if the action is at law: 59 A.L.R. 1297 ; Am.

1982It is because the part performance doctrine has its basis in equity that the majority of the states do not permit the doctrine of part performance to avoid the bar of the statute of frauds if the action is at law: 59 A.L.R. 1297 ; Am.

11982–1982

Where else courts name it

NY 55 (1951–2025) WA 23 (1925–2022) CT 20 (1981–2014) OH 19 (1981–2025) AL 18 (1942–2011) ID 17 (1982–2023) IN 16 (1892–2025) UT 13 (1977–2022) ME 12 (2004–2020) MO 11 (1891–2025) AZ 11 (1977–2025) FL 9 (1974–2024) MI 9 (1917–2023) MD 9 (1939–1998) IL 8 (1986–2025) CA 8 (1930–2024) ND 7 (1903–2021) CO 7 (1983–2005) MN 6 (1909–2016) SC 6 (1984–2022) PA 6 (1982–2026) TN 6 (1983–2011) OR 6 (1975–2008) WI 5 (1945–2024) RI 5 (1991–2011) TX 5 (1967–2015) IA 5 (1939–2014) NC 5 (1920–2010) WY 4 (1993–2012) VA 4 (1851–2005) MT 3 (1926–2017) SD 3 (1912–2018) NJ 3 (1986–2013) DC 3 (1984–1998) NH 3 (2008–2017) DE 3 (1975–2019) VT 3 (1986–2015) GA 2 (2019–2022) KS 2 (1930–2018) KY 2 (1935–1947) NV 2 (1985–2018) NM 2 (2010–2021) VI 2 (1977–2025)

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.

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