Guthrie v. Baton

Citations

• 223 Pa. 401
• 72 A. 788
• 1909 Pa. LEXIS 548

Syllabus

<p>Vendor • and vendee — Contract—Forfeiture—Equity.</p> <p>Where the owner of an undivided one-fourth interest in a tract of land, all of the land being mortgaged, enters into an agreement to convey the land to another party on a day stated, if the vendee shall in addition to other payments pay one-fourth of the mortgages on the land, and the vendee although ready and willing to pay the one-fourth of the mortgages on the day stated is unable to do so because of an extension of the .mortgages secured by the owners of the other three-quarters of the land, and by the refusal of such owner to accept the payment of the one-fourth of the mortgages, the vendor cannot take advantage of the extension to declare a forfeiture, there being no forfeiture clause in his agreement with the vendee.</p>