Emery v. DeGolier

Citations

• 117 Pa. 153
• 20 W.N.C. 362
• 12 A. 152
• 1887 Pa. LEXIS 246

Syllabus

<p>The vendee, a married woman, under articles for the purchase of land, covenanted that in case of failure to make payments at the times stipulated or if she should leave the land untenanted for the term of six months at any time previous to full payment, the vendor might sell to another. She abandoned the land for more than six months, but, without payment of the purchase money as covenanted, re-entered just before an ejectment was brought by a second vendee under a re-sale : I-Ield,</p> <p>1. That by selling the land to another according to the express provisions of the first contract, the vendor performed the equivalent of a re-entry as for a condition broken, and that the second vendee showing the facts was entitled to recover.</p> <p>2. That under such circumstances the vendee by the first articles was not entitled to the benefit of a conditional verdict for the plaintiff, to be released on full payment.</p> <p>3. That though the first vendee was not sui juris, her contract for the purchase could be enforced against the land by the form of remedy adopted.</p>