100 Pa. 513 | Pa. | 1882
delivered the opinion of the court May 22d 1882.
On the 16th of April 1877, Augustus W. Newell, the defendant below, leased to Abraham Simon, the plaintiff, a certain lot of ground in the borough of Bradford, for and during the term of one year, with the privilege of the extension of the term for four years. There was also contained in this lease a provision by which Simon had the privilege of purchasing the leased lot at any time within one year from the date of the lease, on payment of the sum of four hundred dollars.' The ^plaintiff entered upon, took possession of the property and erected thereon a dwelling house, and such out-buildings as were considered convenient and suitable, and, as we have it from the report of the master, before the expiration of the first year, he not only notified the defendant, that he elected to take the property according to the provision contained in the lease, but tendered to him the whole amount of the purchase money. Newell, instead of complying with his contract at once, put off the execution of the deed from time to time, on the pretext of other engagements, and finally refused altogether so to do. This bill was brought for the purpose of enforcing this contract, and the court below entered a decree in favor of the plaintiff. We really cannot see what else could have been done under the facts of the case.
The contract is plain and unambiguous; the plaintiff complied with his part of it; he erected valuable improvements, and is in the possession of the premises, as he has a right to be. If now equity has no power to enforce the execution of this agreement; if the plaintiff’s only remedy is to turn out, abandon liis possession and improvements, and for redress resort to an action
Bodine v. Glading was a very different case. There, there was a sale of real estate at public auction, and, by the terms of the sale, the purchase money was to be paid within fifteen days, or the property might be resold at the risk and expense of the purchaser. The purchaser refused to pay his bid, and a bill was filed to enforce payment. It was held that it could not be sustained, and this for the reason, that after the time fixed for the payment, the vendee had no remedy whatever for the enforcement of the contract against the vendor; hence the want of that mutuality, in the way of remedy, which is required to sustain specific performance in equity. This may be very good law, though we are not disposed to commit ourselves to the full text of that case by an unqualified approval; but it certainly does not fit the case in hand. This doctrine would have applied in point, had Newell attempted, by bill, to have enforced the con
But such is not the case now before us. There was an election by the plaintiff, and that election perfected the contract, and clothed the parties with equal rights and powers of remedy.
The decree of the court below is affirmed, and the appeal dismissed at the costs of the appellant.