Whiteside v. Winans

Citations

• 29 Pa. Super. 244
• 1905 Pa. Super. LEXIS 304

Syllabus

<p>Equity — Specific performance — Amendment of bill — Mistake—Contract.</p> <p>Where on a bill for specific performance of a contract for the sale of lands, it appeared that the words “by deed of general warranty,” were inserted in the contract by mistake, the court may permit the bill to be amended so as to call for a special warranty or a quitclaim deed.</p> <p>The plaintiff has a right to insist on a specific performance of the contract, so far as the vendor can carry it out.</p> <p>Equity — Specific performance — Vendor and vendee — Tender.</p> <p>As a general rule where the vendor notifies the purchaser that .he will not receive the money, and will not execute his contract by a conveyance of the land, the plaintiff is not required as a condition of specific performance, to make tender of the purchase price.</p> <p>Statute of frauds — Vendor and vendee — Contract—Description of land— Extrinsic evidence.</p> <p>The terms of a contract for the sale of land may be abstract and of a general nature, but they must be sufficient to fit. and comprehend the property which is the subject of the transaction so that, with the assistance of external evidence, the description, without being contradicted or added to, can be connected with and applied to the veiy property intended, and to the exclusion of all other property. Certainty to a common intent is all that is required. A description which can be made certain by proof of an extrinsic fact referred to in the agreement is sufficient.</p> <p>Land is sufficiently described in a contract if it states the names of all the owners of surrounding lands, and also describes it as consisting of lots referred to by their numbers.</p>