Schaeffer v. Herman

Citations

• 237 Pa. 86
• 85 A. 94
• 1912 Pa. LEXIS 896

Syllabus

<p>Equity — Beal estate — Option to purchase — Specific performance —Tender—Ejectment hills.</p> <p>1. On a bill for specific performance of an agreement to sell land it appeared that the plaintiff had entered into an agreement of option under seal with two of the defendants for the sale of the land by which agreement the name of a third party was inserted as one of the optionees to whom conveyance was to be made. Before the option was exercised differences arising between plaintiff and tbe other optionee the latter not only declared that he had no further interest in the contract but refused to take or participate in any steps looking to an exercise of the option and in connection with other adverse parties sought and obtained from the owners another option in the same land. The plaintiff, made a tender of the entire purchase price within the period of the option. Held, that he was entitled to specific performance of the contract, and that his right was not prejudiced by the fact that the other optionee did not join in the bill to compel such performance.</p> <p>2. In such a case it is within the power of the court to direct a conveyance directly to the assignees of the plaintiff who as the real owners of the title, have intervened as parties plaintiff.</p> <p>3. Where a person who has exercised an option to purchase land files a bill in equity for specific performance, other parties to whom he has assigned his rights under the contract may be permitted to intervene in the bill as parties plaintiff; but the bill should not be made to include other parties as 'defendants who did not claim any right or title under the contract, but asserted rights springing out of a subsequent option relating to the land in dispute, but representing a different transaction. As between such parties and the plaintiffs, the only question involved is title to the land in dispute, and as to this equity has no jurisdiction.</p> <p>4. An option in the nature of a unilateral nudum pactum, un