Farmakis v. Crown

Citations

• 271 Pa. 140
• 114 A. 364
• 1921 Pa. LEXIS 470

Syllabus

<p>Vendor and vendee — Contract—Time as essence of contract — Improper rescission — Vendor holding subsequently acquired title for vendee.</p> <p>1. Where a vendee of land under a contract of which time is the essence, presents himself at the appointed time and place of settlement, waits for an hour and a half for the vendor to appear, and then departs, leaving his telephone number for the vendor to call him, and the vendor appears three hours after the appointed time, the latter cannot, without further communication with the vendee, elect to cancel the contract.</p> <p>2. In such case where the vendor, who was acting as agent for his sister, the real owner of the property, but without written authority from her, takes title from her six months after the appointed time of settlement, specific performance will be decreed against him (although the contract was not enforceable against his sister under the statute of frauds), in analogy to the rule that a vendor who undertakes to sell for a valuable consideration, but cannot make title, will in equity be considered as holding for the benefit of his vendee any subsequent title purchased by him.</p>