Medoff v. Vandersaal
Supreme Court of Pennsylvania
Appeal, No. 439, March T., 1921, by plaintiff, from decree of C. P. No. 3, Phila. Co., March T., 1920, No. 2968, dismissing bill in equity, in case of David Medoff v. Mary J. S. Vandersaal. Bill in equity for specific performance. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was decree, quoting it.
1Dissent
Dissenting Opinion by
Mr., Justice Frazer:
The majority opinion recognizes the right of the parties to stipulate that an agreement for sale of realty shall be void and unenforceable as to both parties, in the event that a marketable title could not be conveyed, but holds that in this case the parties failed to so provide. With this conclusion, and the reasons given in support of if, I cannot agree. Our duty is to construe contracts parties have entered into, not to make contracts for them because circumstances may arise which might result in their own contract operating inequitably. Thus the…
2Cases cited3 opinions
- Schwab v. BaremoreSupreme Court of Minnesota · 1905
- Mackey v. AmesSupreme Court of Minnesota · 1883
- Safron v. McBurneySupreme Court of Pennsylvania · 1921