Hughes v. Antill

Citations

• 23 Pa. Super. 290
• 1903 Pa. Super. LEXIS 58

Syllabus

<p>Equity — Equity practice — Equity rules — Notice to appear and answer.</p> <p>Where the defendant in an equity suit enters an appearance, files an answer and lias a trial upon the merits, he cannot, after a decree has been entered against him, object that the notice indorsed on the bill was not in conformity with the equity rules.</p> <p>Statute of frauds — Memorandum in writing — Principal and agent— Parol authority — Option to purchase real estate.</p> <p>An option to purchase real estate is not within the statute of frauds, and therefore an agent to take such option is not required to have written authority from the principal.</p> <p>Stamps — Revenue stamps — Act of congress of June 13, 1898 — Option to purchase real estate.</p> <p>An option to purchase real estate does not belong to the class of instruments which, by the act of congress of June 13, 1898, requires an internal revenue stamp.</p> <p>Option — Real estate — Fraud.</p> <p>Where an option to purchase real estate is by its terms assignable to any person irrespective of the bargainor’s assent, it is immaterial by whom the agent to take the option was employed, or through what medium the contract after its execution reached the hands of the persons exercising the option; and it is also immaterial as to what was the identity or residence of the person named as bargainee.</p> <p>Specific performance — Option— Variance.</p> <p>Where an option has been executed in duplicate, the person given the option cannot, on an appeal from a decree of specific performance against him, allege as a ground for reversal a variance in the two papers in the description of the subject-matter, where the record shows that the decree followed the description contended for by the appellant, and admitted by the appellees to be in accordance with the oral agreement on which the option was based.</p> <p>Specific performance — Option—Agreement by husband — Husband and wife.</p> <p>The fact that a wife did not join her husband in an