Yerkes v. Richards

Citations

• 170 Pa. 346
• 32 A. 1089
• 1895 Pa. LEXIS 1411

Syllabus

<p>Practice, Q. P. — Reservation of question of law.</p> <p>When a verdict is taken subject to the opinion of the court upon points reserved, the facts should be distinctly stated, as well as the question raised upon them; and the judgment, to be pronounced upon the solution of the questions of law thus reserved, should also be specified, as in a case stated.</p> <p>A reservation of “ the question whether there is any evidence in this case to be submitted to the jury upon which the plaintiff is entitled to recover,” is noLa proper reservation of a question of law.</p> <p>Contracts — Mutuality—Married, women — Equity.</p> <p>Where there are mutual covenants stipulating reciprocal benefits in an executory contract, and the grantee, a married woman under disability, has not signed the contract, but has performed her part of it, equity will compel performance on the part of the other.</p> <p>Option to buy land — Married women.</p> <p>An agreement by which the owner of land gives to a married woman the right to buy land on or before a certain day, and declares that if the option be not exercised there shall be no right of action against her, does not lack mutuality in the sense of equality of benefit, although such contract is signed by the grantor alone.</p> <p>Vendor and vendee — Option to purchase land — Evidence—Question for the jury.</p> <p>In an action towecover damages for refusal to comply with n option to sell land, where th evidence for the plaintiff, though contradicted, tends to show that the option was obtained in entire good faith, and that a tender was made, and a conveyance of the property demanded in accordance with the terms of the agreement, the case is for the jury.</p> <p>Trusts and trustees — Damages for breach of agreement to sell land — Substituted trustee.</p> <p>Where a testamentary trustee forecloses a mortgage belonging to the trust estate, buys the property in for the estate, subsequently agrees to sell the property, and then refuses to carry