In what it called “a hybrid action raised under a divorce caption, couched in declaratory judgment terms and requesting monetary damages,” the Pennsylvania Superior Court found that a divorced couple’s separation agreement did not require them to evenly split the down payment they received pursuant to an installment land contract for the sale of their home because the contract itself did not constitute a sale.
Therefore, the court found, an alleged oral agreement under which plaintiff Sarah Bernhardt was to trade her claim to half of the down payment for all of the property’s oil and gas rights was necessarily invalid.
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