Reilly v. Gautschi

Citations

• 174 Pa. 80
• 34 A. 576
• 1896 Pa. LEXIS 849

Syllabus

<p>Vendor and vendee — Agreement to sell real estate — Doubtful description —Specific performance — Equity.</p> <p>Where a serious doubt exists in the mind of the chancellor as to the intention of the parties, he will not decree specific performance of a contract for the sale of land.</p> <p>On a bill in equity for the specific performance of a contract to sell land, it appeared that defendant owned two adjoining tracts which he had bought atan orphans’ court sale as “ being contiguous and sold as one property.” The general description in the contract was applicable either to the two tracts considered as one property, or to one without the other. The evidence of plaintiff tended to show that the intention was to include both in the sale. The evidence of the defendant and his witnesses tended to show that it was the intention of the defendant to sell only one of the tracts. The master found that the minds of the parties never met. Exceptions to his report were overruled, and a decree entered dismissing the bill. Held, (1) that it was proper to ascertain the intention of the parties by facts dehors the writing; (2) that the master’s finding of facts based upon sufficient evidence, and sustained by the court below, would not be reversed by the Supreme Court.</p>