The trial court then transferred the complaint to the law side of the court in order to consider the compensatory damages aspect of the case. The Superior Court affirmed the trial court's order in Petry and this Court granted allocatur in order to address the propriety of the trial court's order dismissing the property owner's request for specific performance of a contract related to the sale or development of real estate. Appeal to Superior Court was proper, therefore, and the matter is at least ripe for review by this Court at this time. Thus, the Superior Court erred in quashing Wynnewood's appeal. Accordingly, the order of the Superior Court is reversed and this matter is remanded to the Superior Court to reinstate Wynnewood's appeal for consideration on the merits of the issues raised in the appeal.
Jurisdiction is relinquished.
Under the statute of frauds, no action can be maintained for the sale of land unless there is a note or memorandum in writing signed by the party to be charged or that party's authorized agent. The rules of construction in Chapter 19 of Title 1 of the Pennsylvania Consolidated Statutes apply to the interpretation of the Rules of Appellate Procedure.