Hopkins v. Phillips

Citations

• 76 Pa. Super. 243
• 1921 Pa. Super. LEXIS 129

Syllabus

<p>Contracts — Contracts for sale of real estate — Breach of contract • — Money paid on account — Recovery.</p> <p>In an action of assumpsit for money paid on account, at the execution of articles of agreement for the sale of real estate, a verdict for the plaintiff will be sustained where it appears that the vendor had no title to the premises which he agreed to sell and was subsequently unable to make a conveyance. In such ease, a failure to tender the balance of purchase price did not entitle the defendant to assert a forfeiture, as upon his own showing, he could not have conveyed even if tender had been made.</p> <p>The plaintiff, under the covenants, was not bound to accept a deed from any grantor other than the defendant. He had the right to have the personal responsibility of the defendant behind the covenants of warranty contained in the deed, no matter whether the warranties were general or special. He could not be required to accept a deed from any irresponsible grantor, whom the defendant might select, when under the articles of sale, he was entitled to look for a conveyance from the defendant.</p>