Opinion
March 17, 1960.
April 18, 1960.
Equity — Contracts — Specific performance — Contract for sale of land — Options — Exercise — Vendee — Repudiation of contract — Necessity of tender — Tender after institution of action.
In this action in equity for specific performance of a contract to sell land, in which it appeared that the 5 owners of two tracts of land gave the Commonwealth a written option of purchase which was timely accepted by the Commonwealth; that thereafter 4 of the 5 owners signed and acknowledged a deed presented to them by the Commonwealth but the 5th owner refused to do so, whereupon this action in equity for specific performance was instituted without any prior formal tender of the purchase price; that the complaint averred that the lack of a formal tender was because of the express statement that he would not sign the deed; that in the answer to the complaint defendant averred that the failure to tender the purchase price constituted a breach, whereupon the Commonwealth promptly made a formal tender of the full purchase price, and the case thereafter came on for final hearing, and the court ordered specific performance conditioned upon the Commonwealth depositing the full purchase price with the prothonotary, it was Held, in the circumstances, that the court below had properly decreed a conditional specific performance and had properly ordered the defendant who had refused to sign the deed to do so.
Before JONES, C. J., MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 72, March T., 1960, from decree of Court of Common Pleas of Butler County, Sept. T., 1958, No. 3, in case of Commonwealth of Pennsylvania, acting through Andrew M. Bradley, Secretary of Property and Supplies v. Clair S. Gerlach et al. Decree affirmed.
Same case in court below: 20 Pa. D. C.2d 290.
Equity. Before SHUMAKER, P. J.
Decree entered directing specific performance upon condition. Defendants appealed.
Lee C. McCandless, for appellants.
John L. Wilson, with him Raymond C. Miller, Deputy Attorney General, and Anne X. Alpern, Attorney General, for Commonwealth, appellee.
Decree affirmed on opinion of Judge SHUMAKER, 20 Pa. D. C.2d 290. Costs on appellants.