Allen v. Kirk

Citations

• 219 Pa. 574
• 69 A. 50
• 1908 Pa. LEXIS 624

Syllabus

<p>Equity — Specific performance — Misrepresentations—Innocent statements tending to mislead — Discrepancy in size of lot.</p> <p>Where one of two parties to an agreement for an exchange of lands innocently and unintentionally-misleads the other as to the size of the lot which he is to receive, equity will not specifically enforce the contract.</p> <p>On a bill- in equity for specific performance it appeared that plaintiff and defendant entered into an agreement to exchange real estate. Plaintiff’s land was a city lot. Plaintiff drew a rough sketch of it which was practically a rectangle. The southerly line was indicated to be 191- feet, the westerly line, 156 feet, and the easterly fine, 155 feet. The length of the northerly fine was not indicated. This sketch was delivered by the plaintiff to the real estate agent who was effecting the deal. The agent gave it to defendant. The sketch was made without fraud by plaintiff, and without knowledge of the length of the northerly line. There was no deed on record at the time the agreement was made which indicated the length of this line, nor were there any monuments, marks or corners upon the ground, and no buildings adjoining it, which in any manner indicated the northern or easterly lines. The defendant visited the lot on a cold and stormy day, when there was snow on the ground, and made only a casual examination of it. After the agreement was signed, and when the title was being examined, the deed to plaintiff was placed on record, and a survey was subsequently made, and there was found to be a discrepancy of about twenty-one feet between the real length of the northerly line and the length which the defendant supposed it to be. When plaintiff at first tendered a deed it was refused on the ground that the alleged shortage of the northerly line was five feet. Upon the filing of the bill the reason for refusing was that the northerly line of the property was twenty-one feet shorter than defendant expected it to be. Held,