Fineman v. Cutler

Citations

• 273 Pa. 189
• 116 A. 819
• 1922 Pa. LEXIS 545

Syllabus

<p>Yendor and vendee — Sale subject to mortgage — Assignment of contract — Deed—Merger of contract in deed — Equity—Specific performance — Actions—Parlies—Jurisdiction—Amendment—Appeal.</p> <p>1. Whether an agreement for the sale of land is merged in the deed following thereon is a question of the intention of the parties at the time the deed is executed.</p> <p>2. If an agreement for the sale of land subject to a mortgage is executed for the purchaser by an agent, named as such, without naming the principal, and subsequently the agent naming his principal assigns the agreement to another, and the assignee files a bill against the vendor for specific performance of the contract, the court will require the plaintiff to amend his bill so as to name, as parties defendant, the agent and his principal, the original vendee, so that all the indispensable parties may be before the court, and the question determined whether the agreement was merged in the deed, so as to relieve the original vendee and his agent from liability to the vendor by reason of the mortgage.</p> <p>3. A party is indispensable when he has such an interest that a final decree cannot be made without affecting it or leaving the controversy in such a condition that the final determination may be wholly inconsistent with equity and good conscience.</p> <p>4. The absence of an indispensable party goes to the jurisdiction of the court, and an objection to the proceedings on that ground may be raised at any time, during tbe bearing or on an appeal from tbe decree of tbe trial court.</p>