O'Connell v. Cease

Citations

• 267 Pa. 288
• 110 A. 266
• 1920 Pa. LEXIS 847

Syllabus

<p>Equity — Specific performance — Contract to sell real estate — Insufficient description — Reference by name — Pleadings—Bill—Allegata et probata — Statute of frauds — Parol evidence.</p> <p>1. Equity will not decree the specific performance of a contract unless its terms are clear and capable of ascertainment from the instrument itself; nor will it decree such performance where the agreement is so ambiguous and contradictory in its terms as to make its meaning indefinite and uncertain; nor unless the writing contains an identification of the property. The essential basis of a decree for specific performance of a contract to convey real property is a definite present agreement in regard to a specific piece of land, clearly designated as present to the minds of both parties, and to be conveyed by one to the other. It is not the function of a court of equity to make a contract for the parties nor to supply any material stipulation thereof.</p> <p>2. An agreement to sell real estate will not be specifically enforced, where the land is merely described as “the property situate in the Borough of Duryea, County of Luzerne, State of Pennsylvania, bounded and described as follows, to wit: Being Lot Number......in Square or Block Number......and situate upon street called and known as Main Street, said lot is......feet wide in front and rear, and......feet in depth and improved silk mill and all sills machinery, tools and equipment formerly Dutton Silk Mill.”</p> <p>3. Where the bill to enforce such -an agreement includes in its description one lot and part of another but does not allege that the mill covers the entire lots, and prays for the conveyance of such land, but not for the conveyance of the silk mill, a sufficient doubt arises so as to preclude specific performance, inasmuch as the description of the lot in the contract is bad, and that of the mill not sufficient to include the lots set out in the bill.</p> <p>4. Eeal estate may be described by reference to a pla