Boyd v. Hoffman

Citations

• 241 Pa. 421
• 88 A. 675
• 1913 Pa. LEXIS 800

Syllabus

<p>Contracts — Contracts for the sale of land — Specific performance —Purchase money — Assumpsit—Affidavit of defense — Insufficient averments.</p> <p>1. In an action of assumpsit on a contract for the sale of land to recover the purchase money, an affidavit of defense averring that plaintiff vendor had not tendered a deed within the time fixed for the performance of the contract, and that no release had been tendered for encumbrances admittedly on the land, and that a provision in the contract that defendant should forfeit a deposit of $100 as liquidated damages, if she should refuse to perform, was a bar to plaintiff’s recovery of the purchase price, was rightly held insufficient, where it was admitted on the record that within the time for performance fixed by the contract, defendant had refused to perform, and that all the encumbrances could be discharged out of the purchase money, defendant’s rights in such case being sufficiently protected by a provision of the order entering judgment-requiring the deposit of a deed to the premises in court for defendant’s use, and the release of the encumbrances before execution could issue.</p> <p>2. In such case the plaintiff was not prevented from electing to compel specific performance of the contract by reason of the clause providing for the payment of damages in case of breach.</p>