Strut v. Huselton

Citations

• 272 Pa. 113

Syllabus

<p>Vendor and vendee — Sale of real estate — Specific performance— Tender of purchase money — Time when essence of contract — Consideration — Sale of wife’s real estate — Husband?s participation in sale — Statute 'of frauds — Quitclaim deed.</p> <p>1. Where a vendee of land meets the vendor at the time and place mutually agreed upon for settlement, and the vendee, with- . out actually displaying the money, says that he has it and is prepared to go on with the settlement, and the vendor declines so to do, not on the ground that the money was unproduced, but for other reasons, the vendor cannot thereafter refuse to convey the land to the vendee because tho latter failed to tender the cash at the date fixed for settlement.</p> <p>2. Where a contract for the sale of land provides for assumption of a mortgage on the premises, and the balance in cash, and the vendor subsequently orally agrees to accept a judgment note in lieu of a portion of the cash, and at the settlement refuses to accept the note, and demands the cash, while tho vendee might not be able to enforce the new agreement, for lack of consideration, the vendor will be estopped from setting up the vendee’s failure to produce the entire balance in cash, as a cause for rescinding the contract.</p> <p>3. Under the facts of this case, time was not of the essence of the contract.</p> <p>4. Where a wif© executes a contract for the sale of her land, in which her husband does not join, but husband and wife execute a deed for the land, which is submitted to the vendee and approved by him, but not delivered, the husband cannot thereafter, all the parties being alive, set up the statute of frauds as a defense against specific performance of the contract.</p> <p>5. Where vendors wrongfully violate an agreement of sale of real estate, and convey the land to another, and such grantee is joined with the vendors as defendants in a bill for specific performance, the court in entering a decree against the defendants, should req