McKuen v. Serody

Citations

• 269 Pa. 284
• 112 A. 460
• 1921 Pa. LEXIS 547

Syllabus

<p>Equity — Specific performance — Vendor and vendee — Time essence of contract — Tender—Delay—Averment in bill — Conclusion from facts.</p> <p>1. Where a contract for the sale of land provides in express terms for performance of the agreement by a day named, and that time was to be the essence of the contract, the vendee must tender the purchase money on the day specified, or otherwise lose his right to enforce the contract.</p> <p>2. In such case, delay in making tender is not supported by an allegation that the sellers were equitable owners of the premises under a contract with the real owner, and had not acquired the legal title, and that they therefore could not convey the property on the day fixed.</p> <p>3. Such an allegation in a bill in equity for specific performance, is a mere conclusion, which may not be warranted by the facts.</p>