Harrigan v. McAleese

Citations

• 1 Monag. 450
• 16 A. 31
• 1888 Pa. LEXIS 748

Syllabus

<p>A bill in equity to decree specific performance of a contract for the sale of land set forth the contract, possession, improvement, tender of the balance of the purchase money, demand of a deed and refusal by defendant, and prayed that defendant be ordered to execute a good and sufficient deed for the premises, clear of all incumbrances, and that the court make such further orders as may be required. The defendant answered that the contract was procured by fraud and misrepresentation and that it was in itself unconscionable; and further alleged the refusal of the wife to join in the deed. He further offered to refund the money paid and asked for a rescisión of the contract and an account of the rents, issues and profits. Upon replication filed, a master was appointed who reported that there was no fraud or misrepresentation and that the contract was not unconscionable; but, as the wife refused to join in a deed, that the decree could not be made as broad as the prayer of the bill, and accordingly recommended a decree ordering the defendant to make a deed without the wife; and, as the defense of fraud was unfounded but had added to the expense of the proceeding, two-thirds of the costs were recommended to be placed upon the defendant. The defendant excepted that the decree could not be made without an amendment of the record. The court dismissed the exceptions, made the decree against the defendant as recommended and ordered the plaintiff to pay one-third of the costs and the balance of the purchase money, with interest. Seld, on appeal by the defendant, that the decree must be affirmed.</p>