Bohlen v. Black

Citations

• 237 Pa. 399
• 85 A. 470
• 1912 Pa. LEXIS 949

Syllabus

<p>Equity — Sjpecific performance — Payment of money — Stipulation for re-conveyance — Inadequate remedy at law — Laches—Bond and mortgage — Affirmance of contract.</p> <p>1. A decree of specific performance of a contract for the sale of land against the vendee cannot be attacked as a decree calling solely for the payment of money, where the decree shows on its face that it enforces a contract which gave the vendors a right of re-conveyance within a fixed period, upon certain terms, and contained other stipulations for the non-observance of any of which the law could afford no adequate measure of compensation.</p> <p>2. Where a contract for the sale of land provides that the vendee shall give a purchase money mortgage, and he subsequently tenders a bond and mortgage, which are refused by the vendor because they did not conform to the contract, the vendee cannot thereafter when a bond and mortgage in proper form are tendered to him object that he was only required to execute a mortgage and not a bond.</p> <p>3. Where a contract for the sale of land provides that the vendors shall place a deed in escrow, the vendee cannot on an appeal from a decree against him for specific performance, claim that the contract was forfeited because of the failure of the vendors to place a deed in escrow, where it appears that the failure to place the deed in escrow did not in any way affect the vendee’s right, was never asserted as a ground for forfeiture, was not referred to in his answer or at the trial, and that the vendee had in fact recognized the continuance of the contract by tendering to the vendors a deed and bond and mortgage which he claimed were in proper form and complied with the contract.</p> <p>4. A vendee cannot’ object to a decree against him for specific performance of a contract for the purchase of land to which he has been given possession, on the ground that the decree was not entered until five years after the date of the contract, where it appears that not a sin