Atlas Portland Cement Co. v. American Brick & Clay Co.

Citations

• 280 Pa. 449
• 124 A. 650

Syllabus

<p>Appeals — Assignments of error — Equity—Findings of fact — Final decree — Question not raised below — Effect of findings.</p> <p>1. Tbe act of tbe court below in an equity suit commanding action, and one that must always be assigned as error on appeal, is tbe final decree.</p> <p>2. Unless the final decree is assigned, there is not only no record in tbe appellate court on wbicb to .base a decree of reversal, if tbe case requires such action, but there is also nothing to reverse.</p> <p>3. Tbe findings of fact and conclusions of law on wbicb tbe final decree is based are tbe necessary elements to sustain tbe decree.</p> <p>4. If tbe chancellor is -mistaken in any of tbe findings either of law or fact, tbe overruling of exceptions thereto should be assigned as error.</p> <p>5. The assignment of tbe final decree does not permit consideration of all manner of alleged errors in findings, conclusions, admission of evidence, and tbe like.</p> <p>6. Should tbe'final decree only be assigned tbe findings of fact are admitted.</p> <p>7. Trial errors and mistaken findings or conclusions must be separately assigned.</p> <p>8. Questions not raised in tbe lower court will not be considered on appeal.</p> <p>9. Findings of fact by a chancellor have tbe effect of a verdict of a jury, and will not be disturbed on appeal where there is evidence to support them.</p> <p>Equity — Specific performance — Option — Acceptance of option —Tender or payment of purchase money — Vendor and vendee— Corporations — Fraud—Knowledge of agents.</p> <p>10. Where an option to purchase real estate does not require payment of tbe purchase money at'the time of tbe acceptance of tbe option, tender or payment of tbe money is not required when tbe option is accepted; payment must be made within a reasonable time thereafter.</p> <p>11. Where an option is accepted in writing with additional terms, tbe optioner may reject tbe acceptance, but, if be fails to do so, be is bound by tbe acceptance as written.</p>