McCoy v. Niblick

Citations

• 228 Pa. 342
• 77 A. 551
• 1910 Pa. LEXIS 486

Syllabus

<p>Married women — Contract—Sale of real estate — Husband’s consent.</p> <p>1. Whére a married woman executes an agreement to sell her real estate and puts the vendee in possession, but subsequently refuses to execute a deed alleging that her husband had not joined in the agreement, she will not be entitled to recover in ejectment the land in question, if it appears that she had never asked her husband to join in the agreement, and that he had never refused to join therein.</p> <p>2. A married woman may make a valid contract for the sale of her land, although she may not be able to execute it by reason of the refusal of her husband to join in the deed. If for this reason she is not able to execute it, she must return to the vendee whatever payments or outlays he may have made in reliance on the contract.</p>