Piacentino v. Young

Citations

• 272 Pa. 556
• 116 A. 407
• 1922 Pa. LEXIS 868

Syllabus

<p>Equity — Specific performance — Time — Essence of contract— Waiver — Agreement as to new time of settlement — Tender.</p> <p>1. Specific performance of a contract for the sale of real estate, where time is of the essence of the contract, will not be enforced if there has been a failure of the vendee to comply with the obligation assumed within the time limit.</p> <p>2. This rule is subject to the limitation that the parties may by their actions surrender the right to demand strict compliance.</p> <p>3. If this right has been waived, and a new time fixed, the vendee may perform, or offer to do so, until the expiration of the new date.</p> <p>4. Where one additional day has been allowed by the vendor, he cannot withdraw until the end of that day. If he does so he will be in default, and the vendee no longer needs to make a strict legal tender. All that will be required of him thereafter' is proof of a readiness and willingness to perform.</p> <p>5. If the vendor has named a depository, the vendee has fully performed, if he has paid what was due, to the depository.</p> <p>Equity — Equity practice — Findings of fact — Findings of chancellor reversed by court in banc — Participation of chancellor in final findings — Appeal.</p> <p>6. The findings of fact by a chancellor will not be reversed on appeal where based on sufficient competent evidence, and no manifest error appears.</p> <p>7. If the court in bane reverses the chancellor, and the chancellor takes part in the hearing on exceptions to his findings, and joins the court in changing his previous findings, the final conclusion of the chancellor is to be treated as his deliberate conclusion, and such findings are subject to the general rule on appeal.</p>