Bannerot v. Davidson

Citations

• 226 Pa. 287
• 75 A. 417
• 1910 Pa. LEXIS 756

Syllabus

<p>Equity — Jurisdiction—Specific performance — Contract.</p> <p>1. A court of equity will not enforce a contract unless it can be enforced as an entirety, and if by the acts of a party or by reason of the circumstances it has become impossible to carry it out as a whole, the court will leave the parties to their remedies at law.</p> <p>2. Where three adjoining landowners agree in writing to open a private way across the extreme ends of their lots, and the writing is not recorded, and one of the owners sells his lot without giving notice of the agreement to the purchaser, who refused to be bound by it, equity will not enforce the contract as between the other two owners.</p> <p>Fell and Mestrezat, JJ., dissent.</p>