Sheaffer v. Eichenberg

Citations

• 62 Pa. Super. 510
• 1916 Pa. Super. LEXIS 462

Syllabus

<p>Contract — Conveyance of real estate — Agreement to reconvey— D efault — Forfeiture.</p> <p>A forfeiture is abhorred in law as in equity, and where the rights of one of the parties will be injured by so declaring it, the courts will not be slow to seize on a reasonable opportunity to prevent the forfeiture.</p> <p>An owner executed a deed of real estate to a person to whom she was indebted, and at the same time executed an agreement with the grantee by which she was permitted to retain possession of the real estate. In this agreement she covenanted to pay taxes, insurance, rent, repairs, etc., to the grantee and the whole of the debt on or before a date mentioned. If default should be made in paying the rent or taxes, or the principal sum, a stipulation on the part of the grantee to reconvey should be null and void, and for the collection of the rent a landlord’s warrant might issue. It was also provided that if the charges were all paid and a portion of the principal, and the grantee should sell the property he was to account to the grantor for any difference between the proceeds and the balance of the claim due him. It was also provided that the agreement might be terminated by defendant giving six months’ previous notice and demanding payment to the debt with all other claims if the agreement continued beyond the date previously mentioned. The grantor continued in possession of the property for several years after the date mentioned in the agreement. The grantor claimed that she had paid all the rent and other charges. This was denied by the grantee. The grantee claimed that he gave the six months’ notice required by the agreement, but this was denied by the grantor. The grantee sold the property, claimed a forfeiture and refused to pay the difference between the purchase-price and the amount due him. Held, that the case was for the jury, and that a verdict and judgment for the grantor should be sustained.</p> <p>Contract — New agreement — Continuance after ri