Evans v. Taylor

Citations

• 177 Pa. 286
• 35 A. 635
• 1896 Pa. LEXIS 977

Syllabus

<p>Vendor and vendee — Executory contract — Streets.</p> <p>While an existing street upon a lot, or the mere liability to have a street opened upon it, is matter of which a purchaser is bound to take notice, and therefore, on that account, he cannot defend against an action for the purchase money after the deed has been accepted, the case is different when the contract is executory and no act has been done by the purchaser in affirmance of the contract.</p> <p>Vendor and vendee — Executory contract — Deed—Covenant against incumbrances— Streets.</p> <p>In an action of assumpsit to recover the pui'chase price of real estate which the plaintiff agreed to sell to the defendant free from all incumbrances, it appeared that at the time of the agreement a street was laid out through the land on the city plan, and that within the limits of the street certain buildings had been erected. Under the act of April 3, 1851, P. L. 327, no damages could be recovered for the loss of these buildings by the opening of the street, because they had been erected after the street was laid out and plotted on the city plan. As the contract was executory, and nothing had been done by the defendant in affirmance of it, and as the land could not be conveyed to the defendant free of incumbrances, the plaintiff was not entitled to recover.</p> <p>Vendor and vendee — Covenant against incumbrance — Notice.</p> <p>AVhere a vendee in an agreement for the purchase of real estate protects himself by positive covenant that there shall be no incumbrance on the title, evidence that the vendee knew of incumbrances is immaterial.</p>