Hollis v. Bland

Citations

• 62 Pa. Super. 505
• 1916 Pa. Super. LEXIS 461

Syllabus

<p>Equity — Specific performance — Undivided interest in land — Jurisdiction.</p> <p>A chancellor has authority to decree specific performance for an undivided interest of a vendor who contracts to sell the entire estate in a piece of land.</p> <p>A chancellor will not refuse to decree specific performance for an undivided interest of the vendor who contracts to sell the entire estate in a piece of land merely because the defendant does not wish to introduce a stranger as a part owner of the land in which her sisters owned the other interests.</p> <p>Equity — Specific performance — Equitable relief — Matter of grace ■ — Discretion.</p> <p>Equitable relief in the matter of enforcing specific performance is not the absolute right of either party — it is of grace only, and rests in the discretion of the court to be exercised upon a consideration of all of the circumstances of the case. ■</p> <p>Specific performance will -not he refused, because the plaintiff has made an advantageous purchase of property which amply protected any business interest which might have been imperilled by failure to secure the land purchased from the defendant; nor will relief be refused because the plaintiff misstated in her bill certain facts as to the ownership of other real estate which she used in manufacturing, or because she misstated that the property purchased from the defendant was valuable as a storehouse, and that there was no other property in that location having the same advantages. Such matters are entirely unrelated to the contract in question, and are not such occuring since the execution of the contract as would cause its enforcement to be inequitable and unjust, or cause it to be burdensome.</p>