Saler v. Lessy

Citations

• 76 Pa. Super. 15
• 1920 Pa. Super. LEXIS 270

Syllabus

<p>Equity — Specific performance — Agreement for sale of real estate —Refusal of wife to join in deed.</p> <p>Specific performance of an agreement to sell real estate will not be decreed against the vendor, a married man, whose wife refuses to join in the deed.</p> <p>A decree of specific performance will only be entered in a clear case, and if the facts are doubtful the chancellor will withhold his decree.</p> <p>In an action to compel the specific performance to sell real estate, a decree will not be granted where one of the vendors who was a married woman, denies that she ever signed the agreement of sale and thereafter refused to join in the conveyance of the property.</p> <p>In such case, the amount of damages which the plaintiff has sustained is a question for the jury, and a decree which awards damages will be modified.</p>