Safron v. McBurney
Supreme Court of Pennsylvania
Safron v. McBurney, 269 Pa. 392 (Pa. 1921)
112 A. 677; 1921 Pa. LEXIS 573
Kephart, Moschzisker, Sadler, Schapeer, Walling
Safron v. McBurney
Opinion of the Court
A bill in equity, praying specific performance of a contract for sale of real estate and an abatement of purchase price, because defendants, admittedly, cannot convey the full title they contracted to sell, was dismissed on demurrer, and plaintiff has appealed.
We adopt the opinion of the learned President Judge of the court below, which satisfactorily disposes of the case.
' The decree is affirmed at cost of appellant.
Reference
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- Syllabus
- Equity — Specific performance — Vendor and vendee — Outstanding interest — Defect in title — Abatement of purchase money. Where a widow and two adult children agree in writing to convey real estate, for a sum named, the purchaser cannot demand conveyance of the interests of the three vendors, with an abatement proportioned to the value of an outstanding minor’s interest, where the agreement provided that the title was to be such as would be insured by a title insurance company, otherwise the contract to be void, and the title was not in fact passed by such company.