Heckman's Estate

Citations

• 236 Pa. 193
• 84 A. 689
• 1912 Pa. LEXIS 733

Syllabus

<p>Equity — Specific performance — Mutuality — Agreements to sell real estate — Vendor and vendee — Act of June 16, 1836, P. L. 682.</p> <p>1. Where a contract is incapable of being specifically enforced against one party to it, that party is incapable of enforcing it against the other. A contract to be enforced specifically must be mutual both as to remedy and obligation.</p> <p>2. Where articles of sale of real estate provide that if the vendee refuse to comply with the terms of the agreement the sum paid down shall be retained by the vendor, “as liquidated damages for the breach; and all other rights under this agreement shall be at an end;” the vendee, after the death of the vendor, cannot enforce specific performance against the latter’s representatives. The only remedy of the vendee in such a case is an action to recover damages.</p> <p>3. On an appeal from a decree of the Orphans’ Court enforcing specific performance of contract the appellate court will consider a question neither discussed nor raised in the court below inasmuch as it is required by the Act of June 16, 1836, P. L. 682, to hear, try and determine the merits of such cases and to decree according to the justice and equity thereof.</p>