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· 10/28/1889

Schuey v. Schaeffer

Citations

  • 130 Pa. 16
  • 18 A. 544
  • 1889 Pa. LEXIS 1157

Syllabus

<p>(а) In a proceeding by bill for specific performance of a parol contract for the sale of land, it was found upon sufficient evidence that the contract had been entered into, possession taken by the plaintiff in pursuance thereof, and valuable improvements made by him upon the land.</p> <p>(б) It was also found that the purchase money for the land was $100, payable in six years in cash or coal; that, though coal had been delivered, the purchase money had not been settled in full, yet the possession taken had been kept continuously for 14 years, to the date of the filing of the bill.</p> <p>1. In such case, the fact that the purchase money was not settled in other transactions between the parties being the fault of the defendant, it was not error to decree specific performance, a deed to be executed and delivered to the plaintiff upon payment of the purchase money due.</p>

Judges: Clark, Cttetam, Curlam, Green, McCollum, Mitchell, Sterrett, Williams

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