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· 1/4/1919

Brown v. Power

Citations

  • 263 Pa. 287
  • 106 A. 539
  • 1919 Pa. LEXIS 418

Syllabus

<p>Contract — Sale of real estate — Tenants in common — Joint contract — Specific performance — Vendor and vendee.</p> <p>A contract for the sale of real estate owned by four tenants in' common, two of whom were minors, which was duly executed by the guardian of the minors, and made subject to approval of the Orphans’ Court, cannot be specifically enforced .against the tenants in common who are sui juris by compelling them to convey their interest in the property upon refusal of the court to approve the sale, since the contract is joint and cannot be enforced in severalty.</p>

Judges: Brown, Fox, Frazer, Simpson, Walling

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