Smith v. McCann
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1902, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1902, No. 450, dismissing bill in equity in case of A. G. Smith v. David S. McCann, Executor of Thomas N. Lea, deceased Bill in equity for specific performance. Shaker, J., filed the following opinion: The bill is for specific performance of a contract to sell land.
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Appeal, No. 98, Oct. T., 1902, by plaintiff, from decree of C. P. No. 2, Allegheny Co., April T., 1902, No. 450, dismissing bill in equity in case of A. G. Smith v. David S. McCann, Executor of Thomas N. Lea, deceased Bill in equity for specific performance. Shaker, J., filed the following opinion: The bill is for specific performance of a contract to sell land. It is alleged that the defendant, as executor, had power to sell at private sale all of testator’s real estate ; that he signed, as executor, a writing by which he gave'to one E. P. Kearns the exclusive right or privilege to sell, or…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is a bill filed to enforce specific performance of a contract to sell real estate. On October 19, 1901, the defendant, as executor, gave in writing to one E. P. Kearns, an exclusive right for and during the ensuing sixty days, to sell or offer for sale at a fixed price, certain property belonging to the estate of Thomas N. Lea. In case of sale, a commisson was to be allowed.
Mr. Kearns did not complete the sale within the time limited by the definite terms of his written authority, but on the day before the expiration of the period, he undertook to make on…
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