Sanders v. Brock

Citations

• 230 Pa. 609
• 79 A. 772
• 1911 Pa. LEXIS 657

Syllabus

<p>Vendor and vendee — Sale of real estate — Breach of contract — Vendee in default — Recovery of -purchase money paid on account.</p> <p>1. When a purchaser of real estate declines to comply with his agreement by paying the purchase money, the vendor may, in affirmance of the contract, bring an action to compel payment of the money, or he may treat the contract as rescinded and sue for damages for its breach. The vendor, however, is not required, on the breach of the contract by the purchaser, to pursue either course, and the latter cannot compel him to enforce his rights by an action at law. What the vendor is required to do, under such circumstances, is to be ready and willing at the stipulated time to perform his part of the contract and convey the real estate to the purchaser in compliance with its provisions. So long as he occupies such a position, he is not in default and has not infringed or rescinded the agreement. He, therefore, is not liable to a defaulting purchaser who has violated the contract by declining to fulfill its stipulations.</p> <p>2. The settled rule in respect to contracts for the sale of real estate is that the party who has advanced the money, or done an act in part performance of the agreement, and then stopped short and refuses to proceed to its ultimate conclusion, the other party being ready and willing to proceed and fulfill all his stipulations according to the contract, will not be-permitted to recover back what has thus been advanced or done.</p> <p>3. Where the vendor under an agreement for the sale of real estate does not rescind the agreement or refuses to convey the property but tenders a deed and insists upon the purchaser accepting title which the latter positively and at all times declines, the purchaser is not entitled to demand that the vendor continue to hold the property indefinitely or repay the purchase money paid on account under the contract.</p> <p>4. Where a vendor of land sells it under articles, and receives a p