Doughty v. Cooney

Citations

• 266 Pa. 337
• 109 A. 619
• 1920 Pa. LEXIS 567

Syllabus

<p>Equity — Specific performance — Contract for sale of realty — Time for performance — Essence of contract — Waiver—Pleadings.</p> <p>1. A court of equity will not decree specific performance of a contract for the sale of land, which provides that time is of the essence of the contract, where, in a case heard on bill and answer, defendants’ answer averred that plaintiff had not undertaken to perform within the time fixed for performance, and plaintiff’s bill contained no allegation that defendants had waived the time within which the contract was to be performed.</p> <p>2. Where parties, by their agreements or covenants, have deliberately fixed a time for the performance of an act, a court of equity will be very cautious how it interferes in disregard of it, and thus in effect change the contract which the parties have made.</p>