Ludwig's Estate

Citations

• 74 Pa. Super. 250
• 1920 Pa. Super. LEXIS 132

Syllabus

<p>Decedents’ estates — Agreements of sale — Repudiation.</p> <p>Where one has agreed to purchase certain real estate from the heirs of a deceased owner, and an order has been made by the orphans’ court directing the administrators of decedent to convey, as trustees and ratifying and confirming the sale, and it later appears that the grantee failed to pay the balance of the purchase price due, it is within the discretion of the court to vacate the order confirming the sale, and to direct that the property be sold at public sale. The purchaser, under such circumstances, will not be entitled to have the money, paid on account, returned to him pending the outcome of the second sale.</p> <p>The order of the orphans’ court did not have the effect of rescinding the contract, and releasing the purchaser from liability for the difference between his bid and the price for which the property might subsequently be sold.</p>