241 Pa. 413 | Pa. | 1913
Opinion by
We have here forty-three assignments of error, while the propositions advanced in support of appellant’s contention are but two. We shall confine our attention to these latter.
The first is that error was committed in discharging the rule for judgment non obstante; in other words, that the case called for binding instructions for the defendant. The action was for the recovery of damages for alleged breach of contract for the sale and conveyance of land by a vendor. Hatfield, here the appellant, by his duly appointed attorney in fact, entered into a written contract with Haney, the appellee, 10th March, 1910, to sell and convey to the latter a lot of ground at Eighteenth and Hunting Park avenue in the City of Philadelphia for a consideration of $55,000. The purchase was made by Haney with a view to the improvement of the lot by the erection of a number of dwellings thereon. The contract recited that thirty-nine dwellings of a given dimension were to be erected, but stipulated that plans and specifications for the construction of the houses were to be submitted to Hatfield and approved by him before the final settlement and the passing of title. Of the purchase price, $1,000 was to be paid on the execution of the agreement, and the remaining
On the trial, the plaintiff having alleged in his statement of claim readiness and willingness to perform his part of the contract, submitted testimony to the effect that at the time appointed for settlement he produced and offered to the defendant thirty-nine mortgages each in the sum of $4,500, each encumbering a separate subdivision of the lot to be conveyed by the defendant according to a ground plan which plaintiff had previously submitted, together with plans and specifications of the buildings he proposed to erect, and which had been approved by him. In reply defendant denied that these plans and specifications had been approved by him, and rested his refusal to convey on this and the additional ground that the mortgages offered did not embrace the entire lot he had covenanted to convey, but only thirty-nine subdivisions, leaving two corner lots unencumbered. He further offered to show that the houses plaintiff pro
What was for consideration in the court below was the adequacy of the grounds on which the defendant rested his refusal to convey when the parties met for settlement, and this is what we have for consideration here. First, had the plans and specifications in accordance with which the mortgages were prepared, and in accordance with which the houses were to be built, been previously approved by the defendant? Unquestionably
Second: did the mortgages tendered the defendant meet the requirements of the contract? Collectively they embraced the entire lot that defendant covenanted to convey excepting two corner lots in the subdivision of the whole as made by the plaintiff. Defendant contends that the mortgages were to embrace these two lots as well; in other words, that he was entitled to be secured on the entire lot he was conveying for his unpaid purchase money. The question lies fairly within the one we have just considered. The ground plan which, as found by the jury, plaintiff submitted to the defendant and was by him approved, shows a subdivision into forty-one lots. The contract provided as follows: “It is further agreed that the said party of the first part (Hatfield) agrees to purchase thirty-nine mortgages at forty-five hundred dollars ($4,500) each, for three or five years at five and four-tenths per cent., on houses to be built on said lot, each having a frontage of not less than sixteen feet. Said houses to be not less than' ten rooms and bath each. Plans and specifications for the construction of such houses to be submitted to the party of the first part and approved by him before the final settlement and passing of title.” It is not contended that any of the lots mortgaged have less than sixteen
There remains for consideration the question of damages. As we have said this was a contract for the sale of land. Notwithstanding the contract is somewhat involved, whatever unusual provisions it contains relate to the consideration, how that was to be met, and how paid. The whole transaction was based on a contemplated' sale and conveyance of land, and it is from this fact that the true measure of damages for the breach is to be derived. The defendant covenanted to sell and convey to the plaintiff, a certain described lot of ground; he refused to keep his covenant in this regard and the action was for damages, for a breach for which he showed neither excuse nor justification. In this particular inquiry we have nothing to do with any collateral undertakings by either party, these were but incidental to the covenant with respect to the land. We have multiplied assignments of error on this branch of the case, but they may all be reduced to this one com
Applying the well established rule to the facts of this case the plaintiff was entitled to recover back the money
Tbe assignments of error which relate to tbe measure of damages adopted by tbe court must be sustained.
Tbe judgment is reversed and a venire de novo is awarded.