Dorff v. Schmunk
Supreme Court of Pennsylvania
Appeal, No. 97, Jan. T. 1899, bj^ defendant, from decree of C. P. No. 4, Phila. Co., March T., 1898, No. 250, on bill in equity, in case of James H. Dorff v. John Schmunk. Bill in equity for the specific performance of a contract for the purchase of land. The facts are stated in the opinion of the Supreme Court. The court entered a decree in favor of the plaintiff. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mb. Justice McCollum,
The jurisdiction in this case is a close question. Had it been raised by the defendant in the preliminary proceedings it is doubtful if the plaintiff’s bill could have been sustained. A vendor may maintain a bill for specific performance where his contract calls for a relief or remedy which a court of equity alone can furnish, but where, as in the present case, the decree asked is simply for the payment of money, an action at law appears to be the more appropriate, and, indeed, the only appropriate remedy. As was said in Kauffman’s Appeal, 55 Pa. 383, “ where…
2Cases cited10 opinions
- Hoffman v. BellSupreme Court of Pennsylvania · 1869
- Kauffman's AppealSupreme Court of Pennsylvania · 1867
- Dech's AppealSupreme Court of Pennsylvania · 1868
- Fidelity Title & Trust Co. v. WeitzelSupreme Court of Pennsylvania · 1893
- Naglee v. AlbrightSupreme Court of Pennsylvania · 1839
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3Cited by11 opinions
- Heights Land Co. v. Swengel's EstateSupreme Court of Pennsylvania · 1935
- Trachtenburg v. Sibarco Stations, Inc.Supreme Court of Pennsylvania · 1978
- Harris v. DawsonSupreme Court of Pennsylvania · 1978
- Jackson v. GuntonSuperior Court of Pennsylvania · 1904
- Bright v. AllanSupreme Court of Pennsylvania · 1902
6 more not listed; retrieve them via the Exa API.