Shilanski v. Farrell

Citations

• 57 Pa. Super. 137
• 1914 Pa. Super. LEXIS 164

Syllabus

<p>Vendor and vendee — Contract—Rescission—Tender of deed — Nonpayment of purchase money.</p> <p>1. Where by the terms of a contract for the sale of land, time of payment is of the essence and it does not appear in the contract, or otherwise, that delivery of a deed and payment of the purchase money were intended to be mutual concurrent and dependent covenants, tender of a deed is not a condition precedent to the right of the vendor to rescind the contract for nonpayment of the purchase money or an installment thereof at the time stipulated.</p> <p>2. Where time for the payment of installments of purchase money is of the essence of a contract for the sale of real estate, the acceptance of installments at irregular times may operate as a waiver of a right to enforce a forfeiture for prior failures to pay on the day stated, yet the mere fact of receiving payment or several payments after the dates when the purchaser was bound to make them does not, without more, operate as a complete abrogation of a right explicitly given to rescind the contract, if installments subsequently due are not paid on the days stated.</p> <p>3. Where a contract for the sale of real estate makes payment of installment of purchase money on days stated of the essence of the contract, the vendor may, on default of the payment of an installment convey the land to another person without entering judgment in an amicable action of ejectment provided for in the agreement of sale.</p>