Kurland v. Stolker

In Kurland v. Stolker, 516 Pa. 587, 592, 533 A.2d 1370, 1372 (1987), the plaintiff, Allan Cohen, sought specific performance of an oral contract for the purchase of a residence from Leonard Stolker. Cohen died before trial, but his action was continued by his executor, Edward Kurland. Kurland's evidence at trial consisted of Cohen's deposition testimony and the testimony of Mrs. Cohen, Allan's widow. The Cohen estate's story was that the Cohens had lived in three different residences in Stolker's development and that Stolker had agreed to sell the last one to Cohen for $ 37,500 in cash, with the remainder to be paid by Cohen's labor for Stolker. Cohen testified that he had made a payment of $ 10,000 towards the purchase, but his estate could not produce a cancelled check or a receipt at trial. Stolker testified to another story. He stated that Cohen worked for him in security and maintenance at the rate of $ 100 per week, which was credited towards Cohen's rent obligation. In support, Stolker produced a rental log; W-2 forms given to Cohen; and his receipts for water, sewer and tax payments Stolker made on the property allegedly sold to Cohen. The Supreme Court reversed the trial court's grant of judgment to Kurland on behalf of Cohen's estate. It explained that the burden of proof where a plaintiff asserts the existence of an oral agreement to convey land is very high. Specifically, the "terms of the contract must be shown by full, complete, and satisfactory proof," and the plaintiff must provide evidence "of such weight and directness as to make out the facts alleged beyond a doubt." Id. at 592-593, 533 A.2d at 1373. The Supreme Court found the plaintiff's evidence, consisting of testimony, much of which was hearsay, was wholly inadequate to rebut Stolker's evidence that he had, inter alia, paid the taxes, water and sewage fees on the property allegedly transferred to Cohen. Our Supreme Court explained the reason for the high burden of proof: The Statute of Frauds is simple and intelligible. Every mind is capable of understanding that contracts about land, if more is meant than a three year lease, must be in writing ... And what rule is more reasonable? Land is the most important and valuable kind of property. Id. at 591-592, 533 A.2d at 1372. Accordingly, where a plaintiff seeks "to take an oral contract for real estate out of the statute," the plaintiff's evidence must be "complete" and satisfy numerous elements. Id. at 592, 533 A.2d at 1373. Those elements have been enumerated as follows: The terms of the contract must be shown by full, complete, and satisfactory proof. The evidence must define the boundaries and indicate the quantity of the land. It must fix the amount of the consideration. It must establish the fact that possession was taken in pursuance of the contract, and, at or immediately after the time it was made, the fact that the change of possession was notorious, and the fact that it has been exclusive, continuous and maintained. And it must show performance or part performance by the vendee which could not be compensated in damages, and such as would make rescission inequitable and unjust. Id. at 593, 533 A.2d at 1373.