Welsh v. Dick

Citations

• 236 Pa. 155
• 84 A. 769
• 1912 Pa. LEXIS 729

Syllabus

<p>Contract — Time as essence of contract — Waiver — Vendor and vendee.</p> <p>1. The right to insist upon time as the essence of a contract may be waived as effectually by implication as by express agreement, and whether there has been an implied waiver in any case depends upon whether the conduct of the party seeking to invoke the strict provision of the contract had been such as to lead the other party to believe he would not be held to it, but might, notwithstanding it, proceed to perform.</p> <p>2. By a contract in writing dated May 11, 1906, plaintiffs agreed to sell land to the defendant. The contract provided that “The taxes and rents to be apportioned to the date of settlement which is to be within three months from this date, and time, it is hereby agreed, shall be of the essence of this contract.” By a later, writing dated August 4, 1906, the time for settlement was extended to September 20, 1906. On account of certain legal proceedings, which were necessary, the deed was not executed until November 3, 1906, and was not tendered until some months thereafter. There was evidence of acts and conduct not only of the defendant, but also of his authorized attorney after September 20, 1906, which were inconsistent with an intention on the part of the defendant to hold the plaintiffs to strict compliance with the contract, and indicated to them that he would still perform if they would. Held, in an action for breach of contract that the question of defendant’s waiver of the time limit was for the jury.</p> <p>3. In an action for the breach of a contract to sell land, where the contract was signed by the defendant himself, and there is no disclosure of any other person in interest than the defendant, it is proper for the trial judge to refuse to permit the defendant to show that he had no beneficial interest in the purchase of the property; nor is it error for the trial judge to refuse to permit the defendant to show that immediately after the execution of the con