Eisenberger v. Eisenberger

Citations

• 38 Pa. Super. 569
• 1909 Pa. Super. LEXIS 187

Syllabus

<p>Equity — Specific performance — Parol contract — Sale of land — Evidence.</p> <p>1. Specific performance of a parol contract for the sale of land, founded upon sufficient evidence that the contract had been entered into, possession taken by the plaintiff in pursuance thereof, and valuable improvements made by him upon the land will be enforced notwithstanding the fact that all of the purchase money has not been paid. The court in entering the decree will require the balance of the purchase money to be paid upon the delivery of the deed.</p> <p>2. There is no reason why a decree of specific performance should not be entered after a full hearing on the merits merely because a preliminary injunction was awarded at the beginning of the suit, which under the rules was dissolved.</p>