Agnew v. Southern Avenue Land Co.
Supreme Court of Pennsylvania
Appeal, No. 68, Oct. T., 1902, by-plaintiff, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 539, dismissing bill in' equity in case of John C. Agnew and Viola R. Agnew, his Wife, in right of said Viola R. Agnew, v. Southern Avenue Land Company. Bill in equity for a specific performance. Demurrer to bill.
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Appeal, No. 68, Oct. T., 1902, by-plaintiff, from decree of C. P. No. 1, Allegheny Co., Sept. T., 1901, No. 539, dismissing bill in' equity in case of John C. Agnew and Viola R. Agnew, his Wife, in right of said Viola R. Agnew, v. Southern Avenue Land Company. Bill in equity for a specific performance. Demurrer to bill. Before Brown, J. The memorandum in writing upon which the bill was based was as follows: “ Now, to wit: January 29, A. D. 1897, I, J. P. Hunter, acknowledge that I have made the following arrangement with Mr. F. I. Gosser in relation to the Southern Avenue Land Co., to wit:…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The memorandum in writing on which appellant’s bill is founded is unfortunately wanting in that complete and definite character which is necessary to enable a court of equity to decree specific performance. The bill supplements the memorandum by describing the land as “ lot No. 1, in a plan since laid out by the defendant company of record, etc., setting out the metes and bounds.” It may be conceded that if the memorandum itself had so described it, the court might have resorted to the extrinsic evidence of the plan to identify the subject-matter. But the bill *194on…
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