Driebe v. Fort Penn Realty Co.

Opinion by

Mb. Justice Linn,

Plaintiffs’ bill for specific performance of a contract to convey land was dismissed on preliminary objections, based (1) on “lack of mutuality of both obligation and remedy between the parties” and (2) absence of tender of performance. The learned judge said the case “falls squarely within the facts in the case of Elder v. Robinson, 19 Pa. 364—and is governed by the principle” (quoted from that case) “where a lessor stipulated with his lessee, in the lease, that when the land was offered for sale, the first offer shall be made to the lessee upon terms as favorable…