Panco v. Rogers

87 A.2d 770 (1952)

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Nature of the Case

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Facts

Panco (P) was 77 years old and owned his own home. P wanted to sell the house and move to Florida and then listed the house for sale in the local newspaper for $12,500. D came to visit the house to see if he wanted to make an offer and met P’s wife. P’s wife had a heavy accent, and D claims that she quoted the price of $5,500 for the home. P’s wife denies this. D came by again and looked at the house, but there was no discussion of price. D then made an offer on the house and took P to D’s attorney where an agreement was prepared. P was also very deaf at the time of the contract and took part in very little of the discussions that were going on in the attorney’s office. P then signed the contract and then D drove him home to get the signature of his wife. She signed the agreement. When their daughter returned home that night, they then learned of the $5,500 price of sale. They immediately contacted D to cancel the contract. A meeting was held at P’s residence, and P claims that D agreed to cancel the contract. D denies this. P offered to repay the deposit and refund any other fees that D incurred. The Chancery Court found that the property was worth considerably more than $5,500 and that Ps had established their sale price at $12,500 and believed that they were obtaining $12,500.