274 Pa. 417 | Pa. | 1922
Opinion by
Plaintiff entered into an agreement with defendants for tbe purchase of “a certain lot of land owned by the female signer hereof, situate on East Avenue, Worden Place, Harvey’s Lake, Lake Township, Luzerne County, Pennsylvania, said plot being fifty feet in front on East Avenue and sixty-three feet more or less in depth, and improved with a small frame dwelling house.” Plaintiff subsequently tendered the consideration in accordance with the terms of the agreement; defendants, however, refused to convey, whereupon plaintiff filed this bill for specific performance. The defense is the writing did not sufficiently describe the land within the statute of frauds. From a decree in plaintiff’s favor defendants appealed.
The bill, as amended, avers the land described in the agreement is the only land owned by defendant, Ella B. Jones, “the female signer,” on East Avenue, Worden Place, Harvey Lake, Lake Township, Luzerne County, Pennsylvania, and that it was part of land conveyed to her by deed duly recorded, the volume and page of the deed book being recited. The answer admits these averments and the court below found the facts as stated.
In this case the description designates the property as a certain lot owned by the woman signer and is complete in description except as to the precise location on East Avenue, which is given as Worden Place, thus fixing the property at a definite part of the avenue. We have the precise locality thus confined within narrow limits. These facts distinguish the case from Mellon v. Davison, 123 Pa. 298, where the property was located as “fronting about 190 feet on the P. R. R. in the 21st Ward, Pittsburg, Pa.,” and Weisenbefger v. Huebner, 264 Pa. 316, where the city in which the property was located was not mentioned the only description being the “property at 3 & Spruce,” and bring it within the reasoning of Ranney v. Byers, 219 Pa. 332, and other cases, which held the designation of a property by a particular
The contract calls for a frontage of 50 feet with a depth of 63 feet “more or less,” while the bill avers a frontage of 60 feet and a depth of 75 feet “more or less.” Inasmuch as the decree entered by the court below merely ordered a conveyance of the land described in the contract, defendants have no just cause to complain.
The decree of the court below is affirmed at the costs of appellants.