Marvel v. Ortlip

Citations

• 3 Del. Ch. 9

Syllabus

<p>O. and S. having entered into a contract for the sale of certain real estate of 0., possession to be given at the end of the renting year, M. a tenant of O. having received due notice to quit, leased the property from S., in writing, from the date at which the possession was to change under the contract. The contract of sale not being performed O. took proceedings for forcible detainer against M. who sought to restrain them by injunction. Held, that, in the absence of .consent either express or implied, from acts and declarations sufficient' show such consent, S. had no right to make a . demise to take effect at or after the time specified for the performance of the contract of sale.</p> <p>Upon the special facts of the case, the acts and declarations proved were not sufficient to amount to a consent to the lease on the part of the vendor, or to equitably estop him from proceeding to recover the possession from the tenant.</p> <p>Equity does not confer upon a purchaser, under a contract for the sale of real estate, any power whatever over the possession of the premises sold, whether by entry, sale or lease, so long as the contract is unexecuted, though after the time fixed for its execution.</p> <p>Such purchaser cannot, by virtue of his mere equitable estate, without the vendor’s consent, lease the property to take effect aftei the time fixed for performance absolutely, whether the contract shall in fact be performed at the time appointed or not.</p> <p>The vendor’s right of possession, or, technically speaking, his seisin, unless it is otherwise stipulated, attends the legal estate and remains with it in the vendor until passed from him by a conveyance of the legal title.</p> <p>The rule of equitable estoppel is that where one by his acts, declarations or silence, where it is his duty to speak, has induced another person, in reasonable reliance on such acts or declarations, to enter into a transaction, he shall not, to the prejudice of the person so misled, imp