17 Pa. Super. 205 | Pa. Super. Ct. | 1901
Opinion by
The plaintiff filed a bill for the specific performance of a contract, based upon the refusal of the wife of Florence K. Bradshaw, with whom he had made his contract, to join in the execution of a deed for two lots of ground. The bill, and the testimony taken in its support, contends that the refusal of the wife to join in the conveyance was prompted by the fraudulent suggestion and procurement of the husband so as to induce the plaintiff to pay a higher price for the property, or to withdraw from the contract altogether. The court refused to make a decree for specific performance, but held that the plaintiff was entitled to recover as damages the amount of purchase money paid, interest thereon, and costs of the proceeding.
It clearly appears that at the time the husband signed the contract he was well satisfied with his bargain, but that soon thereafter he learned of an unexpected increase in the market value of the lots. The wife persisted in refusing to join in the conveyance, which made a decree for specific performance out of the question; ami to relieve the husband from liability for damages for the loss of the plaintiff’s bargain, he is bound to furnish satisfactory affirmative proof that the breach of his contract was not induced by his own act. The husband evidently felt that he had made an unfortunate bargain. His testimony is in accord with that of his wife, and his letters to the appellant
The judgment is affirmed.