Schaeffer v. Coldren

Citations

• 237 Pa. 77
• 85 A. 98
• 1912 Pa. LEXIS 895

Syllabus

<p>Equity — Specific performance — Agreement to sell land — Sufficiency of tender — Certified check — Estoppel.</p> <p>1. One party to a contract may not mislead the other party, by agreeing to a modification of the terms of payment, and then at the last moment, when it is too late to make other arrangements, refuse to accept the terms agreed upon and thus defeat the right to exercise an option.</p> <p>2. Acts insufficient in themselves to make a complete tender may operate as proof of readiness to perform so as to protect the rights of a party under the contract, where a proper tender is made impossible by reason of circumstances not due to the fault of the tenderer.</p> <p>3. A certificate of deposit or certified check is a sufficient tender, if no objection be made on the ground that it is not lawful money.</p> <p>4. In a proceeding for the specific performance of a contract to sell land, it appeared that the defendant had agreed in writing to sell certain real estate to the plaintiff, with the proviso that the contract should be void if the purchase money were not paid on a day specified; that on the last day for exercising the option the defendant agreed in writing and for a consideration to extend the option for ten days; that a few days later the defendant agreed to a modification of the terms of payment and upon the last day of the extended period the plaintiff made an effort to comply with the terms of the second agreement as modified, and was prevented by the defendant’s failure to appear, but left a certified check for the amount agreed upon with the defendant’s wife at his home; that the plaintiff returned to the defendant’s house the same night for the purpose of making tender by certified cheek of the full amount of the purchase money under the original agreement but could not gain admission, although the defendant was at home at the time; that at the earliest opportunity the plaintiff informed the defendant what he had done and tendered a certified ch