Baldridge v. George
Supreme Court of Pennsylvania
Appeal, No. 155, Oct. T., 1906, by defendant, from decree of O. C. Westmoreland Co., Nov. T., 1905, No. 150, awarding specific performance in case of Jennie G. Baldridge v. Homer J. George, Administrator of Isaac George, deceased, et al. Petition for specific performance.
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Appeal, No. 155, Oct. T., 1906, by defendant, from decree of O. C. Westmoreland Co., Nov. T., 1905, No. 150, awarding specific performance in case of Jennie G. Baldridge v. Homer J. George, Administrator of Isaac George, deceased, et al. Petition for specific performance. Before Steel, P. J. The petition of Jennie G. Baldridge averred: That on or about January 3,1903, “ Isaac George entered into an oral agreement ” with her, by which he was to purchase a house in Latrohe, sufficient in size for him and his wife and petitioner’s family; that she agreed to keep and care for him and her mother…
1Opinion of the Court
Per Curiam,
The essential basis of a decree for specific performance is a definite present agreement in regard to a specified piece of land, clearly designated as present to the minds of both parties, and to be conveyed by one to the other. Without this basis there is nothing to take a case out of the general rule of law that the remedy for a contract unperformed is an action for damages. Every element of this essential basis must be clearly and fully established, even where the contract is in writing and a fortiori where it is in parol.
In the present case this essential basis is wholly…
2Cited by9 opinions
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- Hoffman's AppealSupreme Court of Pennsylvania · 1935
- O'Connell v. CeaseSupreme Court of Pennsylvania · 1920
- Brown v. HughesSupreme Court of Pennsylvania · 1914
- Morrish v. Price Et Ux.Supreme Court of Pennsylvania · 1928
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