Caton v. Wellershouse

Citations

• 77 Pa. Super. 331
• 1921 Pa. Super. LEXIS 264

Syllabus

<p>Equity — Specific performance — Inequitable contract — Refusal of decree.</p> <p>On a bill in equity for a decree compelling specific performance, the bill is properly dismissed, where it appears that it would be inequitable to compel the defendants to 'turn oyer their property to the plaintiff; that defendants signed the agreement to sell under a misapprehension, and further, that the court had no jurisdiction because the contract, upon which the specific performance was demanded by the plaintiff, was for the conveyance of land, together with the transfer of personal property to a considerable amount, for a single consideration.</p> <p>Even when the agreement is perfectly good, the price adequate and no blame attached to the purchase, if the transaction be inequitable or unjust in itself or rendered so by matters subsequently occurring, specific performance may be denied, and the parties turned over to their remedy in damages.</p>