Mansfield v. Redding

Citations

• 269 Pa. 357
• 112 A. 437
• 1921 Pa. LEXIS 565

Syllabus

<p>Vendor and vendee — Agreement to sell realty — Contract—Equity ■ — Specific performance — Pleadings—Extension of time — Time essence of contract — Findings of fact — Principal and agent — Return of deposit money — Appeal—Review.</p> <p>1. Where an agreement for the sale of real estate makes time of settlement of the essence of the contract, and two separate extensions are granted by the vendor with a limit of time fixed for final settlement, time is still of the essence of the' contract in accordance with the original agreement.’</p> <p>2. A claim made by the vendee that delay in settlement was caused by the failure to secure proper certificates of search, is not sustained, where it appears the agreement named a particular title company to which an application for such certificate should be made, and, as far as the evidence showed, the vendee made no effort to secure them from it.</p> <p>3. Where a vendor is ready and willing to carry out the contract, and the vendee does nothing in the way of performance, the latter cannot thereafter have the contract specifically enforced in equity.</p> <p>4. The authority of an agent to sell embraces no authority to modify the contract to sell after it is made.</p> <p>5. The findings of a chancellor, based on sufficient evidence, will not be reversed in the absence of clear error.</p> <p>6. In refusing specific performance of a contract for the sale of real estate, the decision of the court is limited to the question of its enforceability in equity, leaving open the inquiry as to the binding effect at law.</p> <p>7. Where a deposit, to be treated as liquidated damages, is made at the time of an agreement of sale of real estate, and further sums are paid for the purpose of securing two extensions of time for performance, and the vendee fails to perform, he cannot claim that the vendor had no right to refuse performance of the contract, or to rescind, unless there was a repayment of the amounts received.</p> <p>8. On bill for sp