Barnes v. Rea
Supreme Court of Pennsylvania
Appeal, No. 169, Oct. T., 1907, by defendants, from decree of C. P. Greene Co., No. 73, In Equity, on bill in equity in case of James R. Barnes v. L. M. Rea, J. M. Hustead and I. W. Semans. Bill in equity for specific performance.
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Appeal, No. 169, Oct. T., 1907, by defendants, from decree of C. P. Greene Co., No. 73, In Equity, on bill in equity in case of James R. Barnes v. L. M. Rea, J. M. Hustead and I. W. Semans. Bill in equity for specific performance. The court found the following facts: L. M. Rea, one of the defendants, was seized in fee of a tract of land situate in Cumberland township, in Greene county, Pennsylvania, containing ninety-five acres, more or less, and being so seized thereof on June 2, 1899, entered into an agreement with J. M. Hustead and I. W. Semans, two other defendants named'in this bill, to…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This is a bill in equity asking for the specific performance of a contract in writing. At the beginning of our inquiry it is necessary to determine whether the agreement is an option to purchase, or an absolute contract to convey. The learned court below has found as a conclusion of law that the agreement entered into between the parties was not an option to purchase, but a completed contract of sale, containing mutual and dependent covenants on the part of the vendor and vendee from the date of its execution. We cannot accept this as the proper interpretation of…
2Cases cited14 opinions
- McMillan v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Smith & Fleek's AppealSupreme Court of Pennsylvania · 1872
- Irvin v. BleakleySupreme Court of Pennsylvania · 1871
- Yerkes v. RichardsSupreme Court of Pennsylvania · 1893
- Bear v. WhislerSupreme Court of Pennsylvania · 1838
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
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- Synes AppealSupreme Court of Pennsylvania · 1960
- Villoresi v. FemminellaSuperior Court of Pennsylvania · 2004
- Boyer v. NesbittSupreme Court of Pennsylvania · 1910
- Ludy v. ZumwaltCalifornia Court of Appeal · 1927
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