Brown v. Pitcairn
Supreme Court of Pennsylvania
Appeal, No. 9, Jan. T., 1892, by defendant, John Pitcairn, from decree of C. P. No. 3, Phila. Co., Dec. T., 1889, No. 398, for plaintiff, Michael Brown. Bill to enforce specific performance of contract for sale of real estate. The bill was filed against John Pitcairn alone. Before James Penn MacCain, Esq., the master, to whom the case was referred, it appeared that plaintiff wanted a lot on which to erect a blacksmith shop.
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Appeal, No. 9, Jan. T., 1892, by defendant, John Pitcairn, from decree of C. P. No. 3, Phila. Co., Dec. T., 1889, No. 398, for plaintiff, Michael Brown. Bill to enforce specific performance of contract for sale of real estate. The bill was filed against John Pitcairn alone. Before James Penn MacCain, Esq., the master, to whom the case was referred, it appeared that plaintiff wanted a lot on which to erect a blacksmith shop. His friend, Byers, was sent by him to B. F. Glenn & Sons, real estate agents, who had been intrusted by defendant with the sale of a lot belonging to him. Byers concealed…
1Opinion of the Court
Opinion by
Mr. Justice Stebbett,
In drawing the conclusions on which this decree is based, the learned master and court below appear to have attached little, if any, importance to principles of equity, which ought to have controlling effect in eases like this, viz.: He who comes into equity must do so with clean hands, or, as otherwise expressed, “He that hath committed iniquity shall not have equity : ” 1 Pomeroy’s Equity Jur. 434-443 ; Bispham’s Equity, 60-62. Specific performance is of grace, and not of right: Pennock v. Freeman, 1 Watts, 409; Henderson v. Hays, 2 Watts, 148; Orne v.…
2Cases cited4 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Orne v. Kittanning Coal Co.Supreme Court of Pennsylvania · 1886
- Henderson v. HaysSupreme Court of Pennsylvania · 1834
- Pennock v. FreemanSupreme Court of Pennsylvania · 1833
3Cited by11 opinions
- Comstock v. ThompsonSupreme Court of Pennsylvania · 1926
- Reynolds v. BolandSupreme Court of Pennsylvania · 1902
- Leland v. FordMichigan Supreme Court · 1929
- Schaeffer v. JonesSupreme Court of Pennsylvania · 1928
- Bishoff v. Valley Dairy Co.Supreme Court of Pennsylvania · 1930
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