Roach v. Irvin

Citations

• 245 Pa. 162
• 91 A. 243
• 1914 Pa. LEXIS 851

Syllabus

<p>Equity — Specific performance — Exchange of real estate — Impossibility of performance — Damages.</p> <p>1. A court of equity cannot decree the specific performance of a contract for the exchange of real estate where it appears that the conveyance by defendant would be impossible owing to the fact that prior to the filing of the bill the land had been sold at sheriff's Bale under a mortgage.</p> <p>2. In such case where hand money paid plaintiff by defendant was more than sufficient to cover all the damages suffered by him, he was not entitled to a decree for money damages.</p>