Levy's Estate

Citations

• 273 Pa. 148
• 116 A. 666
• 1922 Pa. LEXIS 536

Syllabus

<p>Equity — Specific performance — Vendor and vendee — Objection to title — Alley—Time as essence of contract — Waiver—Pleadings —Proofs.</p> <p>1. A decree for specific performance is not a matter of course, but rests in the sound discretion of the chancellor.</p> <p>2. Where there has been a change of circumstances which renders the execution of a contract to sell real estate a hardship to defendant, and the change grows out of or is accompanied by an unexeused delay on the part of plaintiff, the change and the delay together will constitute a sufficient ground for denying specific performance, when sought by one who was thus in default.</p> <p>3. Where a vendee of land sets up a wholly unwarranted objection to the title, and persists, in it through vexatious litigation, he cannot thereafter, and seven months after the time limit has expired and after the property has greatly increased in value, change his position, and claim specific performance of the contract.</p> <p>4. Where a vendee of lots buys by numbers, and the lots, as enclosed on the ground, exclude an alley, an alleged oral agreement that he was to have a clear title to one-half of the alley, cannot, even if established, be specifically performed.</p> <p>5. Where a vendee of land relies upon a waiver of the time limit made as of the essence of the contract, he must aver such waiver in his bill or petition for specific performance.</p> <p>6. If he fails to do so, he is not entitled to a decree, although he may have proved the fact of waiver, inasmuch as the relief in equity must conform to the pleadings as well as to the proofs.</p>