Spotts v. Eisenhauer
Superior Court of Pennsylvania
Appeal, No. 14, March T., 1905, by defendants, from decree of C. P. Union Co., May T., 1904, No. 2, on bill in equity in case of William H. Spotts, Executor of Henry Eisenhauer et ah, v. Semmira Eisenhauer et al. Bill in equity for specific performance. Before McClure, P. J., and J. H. Blind and Henry Ernst, associate judges, unlearned in the law. The facts are stated in the opinion of the Superior Court. Error assigned was decree for specific performance.
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiffs in this proceeding sought to enforce the specific performance of two contracts. Under the provisions of the first contract Semmira Eisenhauer, one of the defendants, had agreed to resign as executrix of the will of her deceased husband, Henry Eisenhauer, and to waive all right to commissions as said executrix. The court below found as a fact, upon abundantly sufficient and uncontradicted evidence, that Semmira Eisenhauer always had been willing to perform these covenants, and had offered to do so before the bill was filed. It is therefore manifest that as…
2Cases cited13 opinions
- McGowin v. RemingtonSupreme Court of Pennsylvania · 1849
- Friend v. LambSupreme Court of Pennsylvania · 1893
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Rennyson v. RozellSupreme Court of Pennsylvania · 1884
- Miles v. StevensSupreme Court of Pennsylvania · 1846
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3Cited by9 opinions
- Snow v. Corsica Construction Co., Inc.Supreme Court of Pennsylvania · 1974
- Barr v. DeiterSuperior Court of Pennsylvania · 1959
- Welsh Et Ux. v. Ford Et Ux.Supreme Court of Pennsylvania · 1924
- Merritz v. CircelliSupreme Court of Pennsylvania · 1949
- In Re Estate of MihmSupreme Court of Pennsylvania · 1985
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