Keily v. Saunders

Citations

• 236 Pa. 593
• 85 A. 9
• 1912 Pa. LEXIS 806

Syllabus

<p>Vendor and vendee — Sale of real estate — Deeds — Suit for purchase money — Equity.</p> <p>1. An action of assumpsit to recover purchase money under a contract for the sale of real estate is a substitute for a bill in equity to enforce specific performance of the contract; and the plaintiffs, in invoking the equitable powers of the court to compel the defendant to pay the purchase money must be ready and willing to convey to the plaintiff the land which he purchased.</p> <p>2. Where a decedent acquired in her lifetime by separate conveyance two adjoining city lots fronting on the same street, and at her death there had been built on the larger lot a stable, and on the smaller one a house which encroached three feet on the stable lot, and the executors of the decedent advertise for sale at public auction the stable lot, describing it under the heading of the word “stable” with its street numbers, followed by a description of it by its distance from a cross street, and its width and depth, all in conformance with the deed to the decedent, but without giving the actual width of the stable, a purchaser at the sale cannot be compelled to take a deed for a lot three feet less in frontage than the width advertised, and three feet more in distance from the cross street than that mentioned in the advertisement.</p> <p>3. In such a case the conditions on the ground and the fact that the vendee saw the premises are not sufficient to prevent the latter from demanding a conveyance of a lot of the full width advertised, inasmuch as the decedent owned both lots and her executors had full power to sell all of her real estate subject to a certain condition as to the house lot, and also because a simple inspection would not have disclosed to the vendee a discrepancy of three feet in the frontage of the premises.</p>