Caveny v. Curtis

Citations

• 257 Pa. 575
• 101 A. 853
• 1917 Pa. LEXIS 782

Syllabus

<p>Equity — Contracts—Beal property — Specific performance — Tenants-in-common — Minors—Written contracts — Variation ~by parol —Quardicms—Jurisdiction, 0. C.</p> <p>1. Oue tenant in common is without authority to hind his co-tenants by an agreement concerning the use or control or affecting the title of the joint property.</p> <p>2. A written contract cannot be varied by. parol, in the absence of an allegation that anything was omitted from the writing by fraud, accident or mistake, or that such parol matter was the inducement for the execution of the contract.</p> <p>3. A plaintiff in equity does not recover on proofs alone, but on his pleadings and proofs; he must; aver in his bill all matters, essential to entitle him to recover, and neither implied allegations nor proof of matters not alleged can be made the basis for equitable relief.</p> <p>’ 4. A bill in equity to restrain defendant from making a conveyance of property to a third person, not a party to the bill, is defective for want of parties; the rights of such third person would be directly affected by such decree and he is entitled to be heard.</p> <p>5. The Common Pleas Court, sitting in equity, has no power to restrain the conveyance of certain real estate in which minors have an interest, where it appears that the sale has been approved by the Orphans’ Court and that the decree prayed for would in effect modify the decree of the Orphans’ Court, approving the sale.</p> <p>6. In a suit in equity to restrain defendants from conveying land to a third person, without incorporating into the conveyance certain restrictions as to the use of, the property, it appeared that plaintiff had purchased property in the neighborhood from the same parties, subject to certain restrictions and that, at the time of the conveyance, it was agreed between him and the agent of defendants that the property adjoining his should be sold subject to the same restrictions. The agreement, however, was not signed by one of the parti