Estate of Moore
Supreme Court of Pennsylvania
Appeal, No. 77, Jan. T., 1899, by Fidelity Insurance Trust and Safe Deposit Company et al., front decree of O. C. Phila. Co., sustaining exceptions to mas ter’s report. Exceptions to report of Charles Biddle, Esq., master. Before Penrose, J. The facts appear by the opinion of the Supreme Court. Error assigned was the decree awarding specific performance.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The contract of the decedent for the sale of the Girard House property, the specific performance of which was decreed by the orphans’ court, contains peculiar provisions which have an important bearing on the questions presented by this appeal. The property was subject to liens amounting to some $600,000, and *602in order to make it productive as an investment it was necessary that a large sum should be expended in the construction of a new building. The contract provides that Mr. McDevitt, the purchaser, shall obtain a loan on first mortgage of $700,000, apply this…
2Cited by3 opinions
- Polish v. Johnson's Service Co.District Court, E.D. Pennsylvania · 1963
- New-Com Corp. v. Estate of GaffneyDistrict Court, W.D. Pennsylvania · 1987
- Estate of ConnorSuperior Court of Pennsylvania · 1924