Kellow v. Jory

Citations

• 141 Pa. 144
• 21 A. 522
• 1891 Pa. LEXIS 1054

Syllabus

<p>(a) In consideration of the plaintiff’s undertaking to use his best efforts to sell their land for a certain price, the defendants bound themselves to convey to the plaintiff, his heirs or assigns, or to his appointee, “ whenever called upon so to do; ” the defendants to remain in possession in the meantime.</p> <p>(b) Four years afterwards, the plaintiff demanded a conveyance to his appointee, but without tendering the purchase money. In the meantime, the defendants had an offer for the property embraced in the agreement, at a largely increased price; and refused to convey to the plaintiff’s appointee:</p> <p>1. Though the agreement was something more than an authority to the plaintiff to sell the land, being an option for the purchase of it, yet he was not entitled to recover damages for the defendant’s refusal to convey, without proof of tender or of his appointee’s ability and readiness to perform.</p> <p>2. When one has an option for the purchase of property and has delayed the exercise of it for several years, and in the meantime it has greatly increased in value, if he claim a conveyance he should at least show a tender of the purchase money, or that his appointee has the means to pay it.</p>