Schoonover v. Ralston

Citations

• 25 Pa. Super. 375
• 1904 Pa. Super. LEXIS 74

Syllabus

<p>Vendor and vendee — Specific performance — Orphans’ court — Failure of consideration — Damages.</p> <p>Where two persons enter into an agreement in writing for the purchase and sale of land, with knowledge on the part of the purchaser that the coal under the land had been sold to another, but without any reservation of the coal in the agreement, and after the death of the vendor the latter’s administrator petitions the orphans’ court for specific performance, to which petition the purchaser assents and joins in the prayer thereof, the purchaser cannot thereafter refuse performance, and if an ejectment is brought against him, and he fails to show what, if any, coal is under the land, or the value of the coal, recovery may be had against him for the whole balance of the purchase money.</p>