Farrell v. Bowker

Citations

• 278 Pa. 323
• 123 A. 305
• 1924 Pa. LEXIS 400

Syllabus

<p>Equity — Specific performance — Inadequate description.</p> <p>1. A chancellor can enforce an agreement specifically only where .the parties have agreed definitely on all its terms and left nothing in the future but mere performance.</p> <p>2. Where, from a definite whole, an indefinite part is excepted, the remainder is rendered so uncertain that it is impossible to order a conveyance till the indefinite part is ascertained.</p> <p>3. Specific performance will not he decreed where the agreement</p> <p>provides a conveyance clear of all encumbrance except a life interest in the vendors in a house occupied by them “and one-half acre of taxable ground......which plot of ground will he later desig-</p> <p>nated by the parties hereto,” and there is nothing to show that the parties had ever made any attempt to agree on the location of ’such half acre.</p> <p>4. In such case there can be no application of the rule that “if the description of the exception is void for uncertainty the title for the whole tract passes.”</p> <p>5. Nor can the vendee claim that it was the intention of the parties to reserve the right to designate the one-half acre of ground after the delivery of the deed.</p>