McCoy v. Niblick

Citations

• 221 Pa. 123
• 70 A. 577
• 1908 Pa. LEXIS 446

Syllabus

<p>Vendor and vendee — Married women — Nonjoinder of husband — Contract — Statute of frauds.</p> <p>Where a married woman, employs an agent to expose her land to public sale, hears the agent read the conditions of sale, is present at the sale, accepts a portion of the purchase money, and subsequently gives possession to the vendee and suffers him to make improvements in the land, she cannot subsequently set up that the sale was void under the statute of frauds.</p> <p>Under the Act of June 8, 1893, P. L. 344, a married woman who has sold her land without her husband joining in the sale, and has delivered possession of it to the vendee, cannot recover the land back without paying to the vendee the portion of the purchase money which she had received and also reimbursing him for moneys paid on account of fire insurance, improvements, and an annuity payable under the contract of sale.</p> <p>A married woman who has sold her land without her husband’s consent knows that her contract or agreement to sell is a valid one, even if neither she, nor her vendee may be able to have it specifically enforced, and, therefore, whatever the vendee may pay on it, or expend in pursuance of it, must be returned to him by her when she finds that she cannot specifically perform.</p> <p>Practice, C. P. — Trial—Reopening case — Discretion—Orphans’ court— Ejectment.</p> <p>In an action of ejectment it is not an improper exercise of judicial discretion for the trial judge to permit the plaintiff to reopen his case after he has closed, and there has been an intimation that a nonsuit would be directed.</p>