Slotter v. Patterson

Citations

• 221 Pa. 68
• 70 A. 286
• 1908 Pa. LEXIS 438

Syllabus

<p>Equity — Specific performance— Assumpsit— Ground rent— Incumbrances — Municipal liens.</p> <p>An action of assumpsit brought to recover the purchase money due on a written agreement by which the plaintiff sold to the defendant a yearly ground rent, will be treated as a bill for the specific performance of a contract for the sale of real estate, and the rights of the parties must be determined in accordance with equitable principles applicable in such cases.</p> <p>. A person who agreed in writing to- purchase a yearly ground rent “clear of all encumbrances which affect the principal of the ground rent,” is relieved from liability under his contract where it is ascertained that at the date of the agreement and when plaintiff tendered a deed there were certain municipal liens which were first liens against the real estate out of which the rent issued, amounting in the aggregate to a large sum of money.</p>