Weik v. Estate of Brown

Claim for breach of contract to sell land was untimely where decedent gave constructive notice of intervening sale by duly recording deed more than five years before plaintiff's suit.

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�1 Dennler Weik, Jr. appeals from the order granting judgment on the pleadings to the Estate of Margaret Brown, Appellee, on the basis that the statute of limitations had expired in this action for breach of contract to sell real estate. We reject Appellant’s invocation of the discovery rule and affirm.

�2 The pleadings indicate the following. On July 21, 1994, Margaret Brown gave Appellant an option to purchase 330 acres of land in Indiana County for $300,000. The handwritten one-paragraph document never was recorded. Ms. Brown was paid fifty dollars for the option. On March 6, 1995, Ms. Brown conveyed the property in breach of the option.

The March 6, 1995 deed was recorded the following day. Ms. Brown died thereafter, and on April 10, 2000, Appellant instituted this action against Appellee alleging that Ms. Brown breached the option agreement by selling the land on March 6, 1995. Appellant sought $225,000 in damages. Appellee filed an answer and new matter raising, among other things, expiration of the applicable statute of limitations.

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Weik v. Estate of Brown

Claim for breach of contract to sell land was untimely where decedent gave constructive notice of intervening sale by duly recording deed more than five years before plaintiff's suit.

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