Hunter v. Lewis

Citations

• 234 Pa. 134
• 82 A. 1100
• 1912 Pa. LEXIS 621

Syllabus

<p>Contracts — Assumpsit for purchase money — Agreement for sale of land —Defenses.</p> <p>1. In an action for balance of purchase money upon a written contract for the sale and conveyance of real estate, between the plaintiffs as vendors and the defendants and another or their survivors, as vendees, a verdict is properly directed for the plaintiffs where it appears that the plaintiffs perfected their title without unreasonable delay and tendered a deed executed in conformity with the agreement, and the only reasons offered by the defendants for refusing to take the property were that one of the vendees was dead, and that the deed was not right, without pointing out any defects.</p> <p>Contract — Agreement to sell land — Time for delivery of deed — Vendor and vendee.</p> <p>2. The time for the delivery of a deed in an agreement to sell land is necessarily waived if the contract is signed after the time mentioned has elapsed.</p> <p>3. Where a purchaser of real estate refuses to take the property and pay the cash, he makes himself immediately liable for the whole amount of the purchase money.</p> <p>4. Where a purchaser of real estate refuses to take the property, and the vendor sues for the purchase money, he does what is sufficient) if in his pleadings he avers that he was at all times ready and willing to deliver the deed.</p>