Baldridge v. George

Citations

• 216 Pa. 231
• 65 A. 662
• 1907 Pa. LEXIS 787

Syllabus

<p>Equity — Specific performance — Description of land.</p> <p>The essential basis of a decree for specific performance is a definite present agreement in regard to a specified piece of land, clearly designated as present to the minds of both parties, and to be conveyed by one to the other. Without this basis there is nothing to take a case out of the general rule of law that the remedy for a contract unperformed is an action for damages. Every element of this essential basis must be clearly and fully established,’ even where the contract is in writing and a fortiori where it is in parol.</p> <p>A mere executory agreement to buy an unidentified house in the future for another person, cannot be specifically enforced.</p> <p>A parol agreement cannot be specifically enforced by a daughter as against her father’s estate in the orphans’ court where it appears that the only possession of the petitioner was as a part of the father’s family, and that she made no improvements, nor paid any part of the purchase money.</p>