Medoff v. Vandersaal

Citations

• 271 Pa. 169
• 116 A. 525
• 1921 Pa. LEXIS 476

Syllabus

<p>Vendor and vendee — Failure of marketable title — Waiver of defect by vendee — Contract—Construction—Construed most strongly a,gainst grantor — Equity—Specific performance.</p> <p>1. A vendee may elect to take a partial performance of a contract by the vendor to convey land; especially is this true where the vendee is willing to take a defective title without seeking abatement of the purchase price.</p> <p>2. In such case, the vendor will not be permitted to set up his defective title as a defense in a suit for the specific performance of his contract.</p> <p>3. A contract for the sale of land, like a conveyance, should be construed most strongly against the grantor.</p> <p>4. In legal contemplation, the vendor is custodian of the title for the benefit of the vendee, while the vendee is trustee for the purchase money for the vendor’s benefit.</p> <p>5. Where a contract for the sale of land provides that the title shall be good and marketable, and that “if, for any reason, a good and marketable title......cannot be made, this agreement shall be null and void and the sum paid on account......shall be returned” by the vendor to the vendee, “in lieu of all claims for damages or otherwise,” and the title proves unmarketable, the vendor cannot declare the contract void, but must convey whatever title he hag to the vendee, if the latter so elects. Safron v. McBumey, 269 Pa, 392, distinguished.</p> <p>Mr Justice Frazer dissented.</p>