Doughty v. Cooney
Supreme Court of Pennsylvania
Appeal, No. 148, Jan. T., 1920, by plaintiff, from decree of C. P. No. 1, Philadelphia Co., June T., 1919, No. 6362, dismissing plaintiff’s bill in equity in case of Joseph C. Doughty v. Frances Cooney and John C. Cooney. Bill in equity for specific performance of contract' for sale of real estate. Before Shoemaker, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 148, Jan. T., 1920, by plaintiff, from decree of C. P. No. 1, Philadelphia Co., June T., 1919, No. 6362, dismissing plaintiff’s bill in equity in case of Joseph C. Doughty v. Frances Cooney and John C. Cooney. Bill in equity for specific performance of contract' for sale of real estate. Before Shoemaker, J. The facts appear by the opinion of the Supreme Court. The case was argued on bill and answer and the court entered judgment for defendants, dismissing plaintiff’s bill. Plaintiff appealed. Error assigned was dismissing plaintiff’s bill and entering judgment for defendants.
1Opinion of the Court
Per Curiam,
Appellant’s bill is for the specific performance of two contracts for the sale of real estate which he had agreed to purchase from the appellees. Each agreement provides that time was of its essence. The case was disposed of below on bill and answer, an averment in the latter being that the plaintiff had not undertaken to perform within the time fixed for performance, and there is no allegation in the bill that the defendants had waived the time within which the contracts were to be performed. “When parties have deliberately by their agreements or covenants fixed a time for the…
2Cases cited1 opinion
- Vankirk v. PattersonSupreme Court of Pennsylvania · 1902
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