Lucchese v. Kochanowsky

Citations

• 273 Pa. 433
• 117 A. 184
• 1922 Pa. LEXIS 594

Syllabus

<p>Equity — Specific performance — Vendor and vendee — Time essence of contract — Change in date of performance.</p> <p>Specific performance of a contract for the sale of real estate will not be decreed where the chancellor finds as a fact that the time fixed for settlement in the contract had been altered without the defendant’s consent, that time was of the essence of the contract, that an alleged postponement of the date of settlement had not been actually agreed upon by the parties, and that the plaintiff was not prepared to settle on the date fixed by the contract.</p>