55 Pa. 383 | Pa. | 1867
The opinion of the court was delivered, July 3d 1867, by
— This is a bill for specific performance, setting forth a contract for the sale of a lot of ground at a stipulated sum, increased upon a contingency, alleged to have happened, to a greater sum ; averring the tender of a deed, and praying a decree for the payment of the balance unpaid, which is alleged to be $5195, with interest. The defendant demurred on the ground that the plaintiff had a full and adequate remedy at law; and the only question for our decision is, whether under the equity powers conferred by the statute jurisdiction will be assumed in such a ease, and a decree made for the payment of the unpaid purchase-money.
It is not to be doubted that it many cases in England, and in some in this state, a vendor may come into equity for specific performance to compel a vendee to pay purchase-money. Tiernan et al. v. Rowland et al., 3 Harris 429; and Finley v. Aikin, 1 Grant 84, are examples in our own practice. But in no case in this court, so far as we have found, has a decree for specific performance been made in favor of vendor simply for the payment of money; when there has been nothing else in the case than is ordinarily set forth in a declaration in debt, covenant or assumpsit to entitle a plaintiff to a judgment at law for the purchase-money. There are cases where a vendor, from a defect in his title, non-performance of covenant'in time, or other cause, is unable to come up to the legal standard of performance of his contract, but is still entitled to the aid of a court of equity ; or where the vendee is bound to do acts which a court of law cannot compel him specifically to perform, and where damages would be an inadequate substitute. In such cases the vendor’s bill falls within the head of equity power given by the Act of 16th June 1836, “ affording specific relief where a recovery in damages would be an inadequate remedy.” Tiernan et al. v. Rowland et al., supra, affords an illustration of the grounds on which such specific relief is granted. Finley v. Aikin, supra, is less positive in its character, and was the subject of a strong dissent and an able opinion by Black, J., in which Knox, J., concurred. But it is unnecessary to question the authority of that case, though decided by a bare majority, as it may be supported upon its special facts. The vendee there was bound to deliver his bonds and a mortgage to secure the deferred payments, which did not fall due until long after the time the vendor was to deliver a deed and possession. The vendor was not bound to deliver his deed without' his security, and was not bound to wait until the last instalment fell due for full performance of the contract. He had a right to have his
