Kuhn v. Skelley

Citations

• 25 Pa. Super. 185
• 1904 Pa. Super. LEXIS 38

Syllabus

<p>Vendor and vendee — Contract—Time as essence of contract — Waiver— Payment — Costs—Specific performance — Equity,</p> <p>Where an owner sells land under articles in which time is made the essence of the contract as to deferred installments, and thereafter, at a time when there was a default, conveys the land to another person, and the grantee notifies the purchaser to pay the installments to him, and accepts seven installments, he cannot subsequently declare a forfeiture for the prior default. In such a case if a bill in equity is filed by the purchaser against the grantee for specific performance and it appears that the conveyance would have been made if there had not been a dispute as to the balance due, and the court decides in favor of the defendant’s contention as to the amount due, all of the costs should be imposed upon the plaintiff.</p>