Rugg v. Midland Realty Co.

Citations

• 261 Pa. 453
• 104 A. 685
• 1918 Pa. LEXIS 765

Syllabus

<p>Contracts — Contracts for sale of real estate — Rescission■—Inability to give clear title — Assumpsit'to recover purchase-price.</p> <p>1. If a vendee performs or tenders performance of his part of the contract at the time appointed and the vendor is unable to perform his part, the vendee may rescind and recover back any purchase-money paid on the footing- of the contract. This is particularly true where time is of the essence qf the contract.</p> <p>2. Where, under a contract for the sale of real estate, it was provided that the purchase-money should be paid in installments and when the entire amount had been paid a conveyance should be made to the purchaser free of all encumbrances except certain building restrictions and where it appeared that plaintiff had paid a considerable part of the purchase-money and had tendered the defendant the balance and demanded a deed and a conveyance at that time was refused on the ground that the defendant was then unable to make a good title, because the property was subject to liens of the Commonwealth, the plaintiff was entitled to recover the money paid under the agreement, and his reasonable expenses incurred in surveying the property and examining the title, and it was no defense that defendant tendered a deed with a policy of insurance issued by a title company insuring him against liens before suit brought, or that after suit brought, he offered to convey a clear title. *</p>