Nicholson v. Ertel

Citations

• 231 Pa. 105
• 79 A. 984
• 1911 Pa. LEXIS 800

Syllabus

<p>Reed estate — Sales—Contract of sale — Construction—Restriction of remedies — Defect in title — Abatement in price — Specific performance — - Equity.</p> <p>Where a contract for the sale and purchase of certain lots at a sum fixed, provides that in case the title should be defective in any manner, the vendors would take all necessary steps to have the defect remedied, and should they not be able to do so within a reasonable time, the purchaser should have the option of taking the title as it was, or having the money paid on account refunded, and the vendors notify the vendee of their inability to remove certain restrictions from the property, the failure of the vendee within a reasonable time thereafter to exercise his right to take the property subject to the restriction and make payment therefor at the stipulated price within the contract time, voids all his rights under the contract save the right to have the money paid on account refunded, and such vendee is not entitled to maintain a bill for specific performance with abatement in price for the defect in title.</p>