Latta v. Hax

Citations

• 219 Pa. 483
• 68 A. 1016
• 1908 Pa. LEXIS 605

Syllabus

<p>Equity — Specific performance — Vendar and vendee — Damages.</p> <p>A decree of specific performance will not be made against a vendor when the circumstances would make it unconscionable to enforce the contract.</p> <p>It is only when the vendor’s inability to convey was unknown at the time of filing a bill for specific performance that the court will retain the bill for the purpose of assessing damages.</p> <p>On a bill in equity for specific performance it appeared that the land in question had been mortgaged to a building and loan association. After the charter of the association had expired the mortgage was foreclosed in the name of the association, and the land bought in by the association at a sheriff’s sale. Subsequently the defendant’s grantor took title by deed executed by the last elected officers of the association. The purchase money was properly applied by the officers. The plaintiff objected to the title on the ground that the foreclosure had' been after the expiration of the charter, and the sale did not divest title in the mortgagor. The defendant then procured from the mortgagor a quitclaim deed, and tendered it to the plaintiff. The plaintiff further objected that the mortgage had not been divested, and the bill was filed to require the satisfaction of the mortgage. Held, that the bill was properly dismissed.</p>