Felin & Co. v. First Mortgage Guarantee & Trust Co.

Citations

• 248 Pa. 195
• 93 A. 956
• 1915 Pa. LEXIS 543

Syllabus

<p>Contracts — Equity—Specific performance — Set-off.</p> <p>Where a trust company guaranteed certain payments by the owner of land to a contractor for work to be done in erecting a building thereon, agreeing to assign to the contractor certain mortgages, upon default in payment by the owner of the land, and such owner made certain cash payments to the contractor, who wrote to the trust company that such payments would be used for extra work “with your approval,” the court made no error in inferring the trust company’s assent to such application of the payments from its failure to object thereto, and the contractor, upon the failure .of the owner of the land to make the guaranteed payments, could not be required to return such payments to the trust company before it would be entitled to an assignment of the mortgages.</p>