75 Pa. Super. 468 | Pa. Super. Ct. | 1921
Opinion by
The defendant appeals from a judgment entered in the Municipal Court of Philadelphia for want of a sufficient affidavit of defense. It is not denied that he signed the written agreement, by the terms of which he agreed to pay to plaintiff a commission of two per cent for selling the property at No. 1432 N. Franklin street, for the price of $6,300, which agreement was in confirmation of a parol agreement made a short time before. It is admit
Moreover no reason is given why final settlement was not made on the contract for the sale except that the purchaser had refused to pay the purchase money. This may have been, however, because of some default of the vendor. If the latter were not ready to deliver a deed, or if his title were defective, the purchaser was not bound to perform. It should have been made to appear that the defendant was ready and willing to convey in compliance with his agreement, and that the contract failed wholly because of the default of the purchaser. We regard the affidavit as an insufficient answer to the plaintiff’s claim, and therefore affirm the judgment.