Andrews v. Bell
Supreme Court of Pennsylvania
Appeal from the decree of the District Court of Allegheny county: In Equity. No. 110, to October and November Term 1867. On the 25th of February 1865, James Andrews fil(>d a bill in equity against Thompson Bell to enforce specific execution of a contract for the sale of land to the complainant.
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Appeal from the decree of the District Court of Allegheny county: In Equity. No. 110, to October and November Term 1867. On the 25th of February 1865, James Andrews fil(>d a bill in equity against Thompson Bell to enforce specific execution of a contract for the sale of land to the complainant. The bill avers that on the 10th of August 1864, the defendant entered into a written agreement with the complainant to sell to him “ a piece of ground in the plan of Benvilla, containing about 5 acres, more or less, and described as follows: Beginning at a point on the eastern line of street not yet…
1Opinion of the Court
The opinion of the court was delivered, January 7th 1868, by
Strong, J.
The article of agreement, the specific performance of which it is the object of the bill to enforce, specifies no time when the deed for the land should be made and when the consideration should be paid. It is therefore to be understood as imposing an obligation to execute the contract at once, or, at least, without any unreasonable delay. The contract alone is to be considered, when we inquire after the rights and duties of the parties. And looking to the contract, it is clear that Bell, the vendor, might have tendered a…
2Cited by3 opinions
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- Estate of ConnorSuperior Court of Pennsylvania · 1924
- Maze v. BennettWest Virginia Supreme Court · 1936