6 Watts 392 | Pa. | 1837
The opinion of the Court was delivered by
The defendants’ remedy in equity, would be by bill for an injunction in the nature of specific performance, Eden on Injunctions 32; for, though the books mention, as instances of it, injunctions to restrain ejectments against tenants holding by agreement for a lease, the cases are identical in principle. The cause stands, therefore, as it would stand before a chancellor, on a bill by the defendant for specific performance. Now it is settled, that an agreement may be resisted for a waiver of it by parol, or by acts which induce a presumption of -abandonment. 1 Madd. Ch. 407, 8. Thus, even dormancy of the contract precludes a
Judgment reversed, and a venire facias de novo awarded.