Graft v. Loucks

Citations

• 138 Pa. 453
• 21 A. 203
• 1891 Pa. LEXIS 1124

Syllabus

<p>[To be reported.]</p> <p>(a) It was found, on bill filed for specific performance, that the terms of a parol contract for the sale of land were established by clear, precise, and indubitable testimony; that it had been so far executed that the purchase money was paid, possession passed, and a deed delivered to the vendee which, for a temporary purpose, was handed back to the vendor, who thereafter wrongfully kept it:</p> <p>1. Under these circumstances, all the requirements of the law were complied with; and, notwithstanding the taxes had been assessed to and paid by the vendor with the vendee’s assent, and that the vendor had married and the land had risen in value before the bill to enforce the contract was filed, the vendee was entitled to have from the vendor as perfect a deed as the latter could give him.</p> <p>2. In such case, the handing back of the deed to the vendor having been in April 1, 1873, and the vendee, after repeated unsuccessful efforts in 1874 and 1875 to get his deed again, having filed his bill in March, 1876, there was no merit in an allegation of laches in such filing; and, though there was great delay in the subsequent proceedings, the plaintiff could not be charged therewith when its causes did not appear.</p>