Tressler's Estate
Superior Court of Pennsylvania
Appeal, No. 246, Oct. T., 1916, by John Tressler, Executor of John P. Tressler, deceased, in his own behalf as such Executor, and on behalf of William P. Tressler, Alice Ziegler et al., Collateral heirs of John P. Tressler, deceased, from decree of O. C. Northumberland Co., May T., 1915, No. 22, awarding specific performance in Estate of John P. Tressler, deceased. Petition for specific performance.
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Appeal, No. 246, Oct. T., 1916, by John Tressler, Executor of John P. Tressler, deceased, in his own behalf as such Executor, and on behalf of William P. Tressler, Alice Ziegler et al., Collateral heirs of John P. Tressler, deceased, from decree of O. C. Northumberland Co., May T., 1915, No. 22, awarding specific performance in Estate of John P. Tressler, deceased. Petition for specific performance. Before Cummings, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was decree awarding specific performance.
1Opinion of the Court
Opinion by
Kephart, J.,
This is a proceeding to enforce specific performance of John P. Tressler’s contract under the Act of April 28, 1899, P. L. 157, Sec. 4, for a double house and lot in Herndon, Northumberland County, fronting fifty-two feet on East Pottsville street, and of an even width one hundred feet in depth.
“Relief, therefore, is' not the absolute right of either party — it is of grace only, and rests in the discretion of the court to be exercised upon a consideration of all the circumstances of the case”: Rennyson v. Rozell, 106 Pa. 407. Elias Bohner, the vendee, was a tenant…
2Cases cited12 opinions
- Haslet v. HasletSupreme Court of Pennsylvania · 1837
- Pugh v. GoodSupreme Court of Pennsylvania · 1841
- Jamison v. DimockSupreme Court of Pennsylvania · 1880
- Rennyson v. RozellSupreme Court of Pennsylvania · 1884
- Lincoln v. AfricaSupreme Court of Pennsylvania · 1910
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3Cited by5 opinions
- Mezza v. Beiletti Et Ux.Superior Court of Pennsylvania · 1947
- Johnson v. MakiWyoming Supreme Court · 1932
- Vittor Et Ux. v. SzymanskiSupreme Court of Pennsylvania · 1936
- Baranyai v. Csihas, Pennsylvania Court of Common Pleas, Montgomery County1971
- Jung's EstatePennsylvania Orphans' Court, Philadelphia County · 1930