King's Estate

Citations

• 215 Pa. 59
• 64 A. 324
• 1906 Pa. LEXIS 730

Syllabus

<p>Contract — Time—Essence of contract — Forfeiture.</p> <p>Although in an agreement for the payment of money time may be made material by express stipulation, yet where there has been no change in conditions which places the lender in a worse position and his loss may be measured and compensated for by the payment oí interest, a forfeiture will not be allowed.</p> <p>Where an agreement is for the reconveyance of property held in pledge as a security for the payment of money, time though specified is not regarded in equity as of the essence of the agreement.</p> <p>Orphans’ court — Jurisdiction—Specific performance — Partition.</p> <p>The power of the orphans’ court to distribute a fund in partition includes the power to decide all questions necessary for a proper distribution.</p>