Masson & Besanson's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Court of Common Pleas of Crawford county: In Equity: No. 174, to October and November Term 1870. This was a bill filed August 22d 1867, by H. S. Huidekoper and E. W. Huidekoper against Lewis Masson and Alexander Besanson.
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Appeal from tbe Court of Common Pleas of Crawford county: In Equity: No. 174, to October and November Term 1870. This was a bill filed August 22d 1867, by H. S. Huidekoper and E. W. Huidekoper against Lewis Masson and Alexander Besanson. Tbe bill set out that tbe plaintiffs, being tbe owners of two adjoining lots on Chestnut street, Meadville, sold tbe westernmost lot to the defendants; that they entered into an agreement with tbe defendants, by which the defendants stipulated to build on the line the foundation-wall for two houses, one to be erected by the plaintiffs and the other by the…
1Opinion of the Court
The opinion of the court was delivered, January 9th 1872, by
Sharswood, J.
It must be admitted that if the court below had jurisdiction of the cause of complaint set forth in the original bill, the final decree entered was entirely within their power. It is well established that wherever a court of equity has jurisdiction, if the relief prayed for cannot for some reason be granted, a compensation in damages may be awarded in lieu thereof. Thus if a plaintiff was originally entitled to specific performance of a contract of sale, but it so happens that before the final decree it becomes…
2Cases cited4 opinions
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