Weaver v. Griffith
Supreme Court of Pennsylvania
Appeal, No. 100, Oct. T., 1904, by defendant, from decree of C. P. Indiana Co., June T., 1901, No. 1, on bill in equity in case of J. II. Weaver v. Charles Griffith. Bill in equity by purchaser for specific performance of a contract to sell land. Before White, P. J. The opinion of the Supreme Court states the case. Error assigned was decree of specific performance.
1Opinion of the Court
Per Curiam,
The defendant might have terminated the contract under the clause that “ In case the said party of the second part doth not make payment as above specified at the time herein stated then this agreement is to be null and void, and all parties are to be released from all liabilities herein and all money previously paid forfeited.” But the failure to make the payments at the stipulated times did not, of its own force, terminate the contract. It was not one of option, but of sale and purchase, and prima facie the time of payment was not of its essence. While a contract may provide that…
2Cited by12 opinions
- Camden Safe Deposit & Trust Co. v. EavensonSupreme Court of Pennsylvania · 1928
- Tanenbaum v. Sears, Roebuck and Co.Superior Court of Pennsylvania · 1979
- Shermet v. EmbickSuperior Court of Pennsylvania · 1926
- Cape May Real Estate Co. v. HendersonSuperior Court of Pennsylvania · 1910
- Miller v. Romberger (In Re Romberger)United States Bankruptcy Court, M.D. Pennsylvania · 1992
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