Leafgreen v. Labar

Citations

• 280 Pa. 215
• 124 A. 443
• 1924 Pa. LEXIS 495

Syllabus

<p>Equity — Equity practice — Amendment—Parties—Death of party —Abuse of discretion of court — Vendor and vendee — Act of May k, 186k, P. L. 776.</p> <p>1. Section 2 of tbe Act of May 4,1864, P. L. 776, expressly gives tbe right to amend pleadings in-equity, and the death of one of the parties is not sufficient reason for refusing that right to the other.</p> <p>2. The rules regarding amendments are the same in equity as at law.</p> <p>3. A plaintiff may amend his bill if he so stated his cause of action originally as to show he had a legal right to recover what he subsequently claims.</p> <p>4. A very clear abuse of discretion would have to be shown to justify an appellate court in reversing a decree, because the chancellor had allowed an amendment and granted a continuance.</p> <p>Vendor and vendee — Tender—Acquisition of money by vendor after date of contract — Right of vendee in such fund — Condition —Waiver.</p> <p>6. A purchaser of real estate in making a tender required by his contract, has a right to insist that the vendor shall apply, on account of the tender, a sum of money in his hands, but belonging to the purchaser, if it became due in the course of a transaction begun after the contract of purchase, and if also the result of holding otherwise would be a forfeiture of the vendee’s property for the benefit of the vendor.</p> <p>6. Even though a tender must be made in strict compliance with the contract of purchase, it is not invalidated because of a condition which the tenderer imposes, if he had a right to insist upon that condition, and the vendor could not reasonably object to it.</p> <p>7. Where a vendor does not object to the amount and character of a tender, at the time it is made, he will not afterward be permitted to do so if it is then too late to make a better tender.</p> <p>Equity — Specific performance — Vendor and vendee — Laches.</p> <p>8. A bill for specific performance will not be dismissed on the ground of laches, if it is promptly filed