McHenry v. Mitchell
Supreme Court of Pennsylvania
Appeal, No. 39, Oct. T., 1907, by defendant, from decree of C. P. Indiana Co., Dec. T., 1904, No. 4, on bill inequity in case of S. M. McHenry v. Robert Mitchell. Bill in equity for specific performance.
Read the full summary
Appeal, No. 39, Oct. T., 1907, by defendant, from decree of C. P. Indiana Co., Dec. T., 1904, No. 4, on bill inequity in case of S. M. McHenry v. Robert Mitchell. Bill in equity for specific performance. The agreement sought to be specifically performed was as follows: “Article of agreement made November 23, 1900, between Robert Mitchell, of Indiana borough, Indiana county, and state of Pennsylvania, of the first part, and S. M. McHenry, of White township, Indiana county, Pa., of the second part: Witnesseth, that the said, party of the first part, for the consideration hereinafter mentioned,…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We have just held in an opinion handed down that whether an instrument in writing agreeing to sell and convey real estate shall be considered as an absolute conveyance, or only an agreement to convey, or an option to purchase, depends, not on any particular words or phrases, but on the intention of the parties to be derived from the instrument itself by a consideration of all its parts, and when that is doubtful, from the circumstances attending it. This1 rule, as to conveyances generally, is as old as our state, but its application to the modern option is more…
2Cases cited1 opinion
- Weaver v. SidesSupreme Court of Pennsylvania · 1907
3Cited by18 opinions
- Martindell v. Fiduciary Counsel, Inc.Supreme Court of New Jersey · 1943
- In Re Marshall's GarageCourt of Appeals for the Second Circuit · 1933
- Boyer v. NesbittSupreme Court of Pennsylvania · 1910
- Warner Bros. Theatres, Inc. v. ProffittSupreme Court of Pennsylvania · 1938
- Western Savings Fund Society v. Southeastern Pennsylvania Transportation AuthoritySuperior Court of Pennsylvania · 1981
13 more not listed; retrieve them via the Exa API.