Farber v. Blubaker Coal Co.

Citations

• 216 Pa. 209
• 65 A. 551
• 1907 Pa. LEXIS 782

Syllabus

<p>Vendor and vendee — Sale of land — Rescission—Election to rescind.</p> <p>Where a vendor sells real estate and thereafter it is discovered that he has but an undivided interest therein, the purchaser, if he desire may elect to accept such interest as the vendor can convey, or he may decline to accept and may rescind the contract. When the purchaser makes his election it is irrevocable, and thereafter he cannot change it.</p> <p>Where a decedent in his lifetime agreed in writing to sell and convey all of the coal under a tract of land, and after his death his administrator supposing that the decedent had only five-sixths interest, tenders a deed for that amount which is refused by the vendee because a conveyance of the entire interest is not offered, the administrator, on subsequently discovering that the decedent owned a six-sevenths interest, is not required to make another tender of the larger interest. The action of the vendee in refusing the offer of the smaller interest on the ground that he was entitled to the whole, effected a rescission of the contract.</p> <p>Where a decedent agreed to sell and convey an entire interest in coal, and it was ascertained after his death that he had only an undivided interest, the widow and heirs of the decedent are not required to purchase an outstanding interest in the coal to enable the administrator to convey a fee simple title; nor can they be required to convey any interest they held or had purchased subsequent to the vendor's death, in order to perfect the title. An ancestor’s warranty can only be enforced against his heirs to the extent of the land acquired by descent. Beyond that they are not liable on his warranty or his contract.</p>