Thompson v. Craft
| Decision Date | 06 January 1913 |
| Docket Number | 178 |
| Citation | 85 A. 1107,238 Pa. 125 |
| Parties | Thompson, Appellant, v. Craft |
| Court | Pennsylvania Supreme Court |
Argued October 14, 1912
Appeal, No. 178, Oct. T., 1912, by plaintiff, from decree of C.P. Greene Co., No. 109, in Equity, 1906, dismissing bill in equity in case of Josiah V. Thompson v. John S. Craft Administrator of B. L. Craft, deceased. Reversed.
Bill in equity for specific performance.
HOLT P.J., specially presiding, found the facts to be as follows:
FINDINGS OF FACT.
First. That on the 22d day of March, 1904, and for several years prior thereto, B. L. Craft was the owner and in possession of a certain tract of land situate in Jefferson Township, Greene County, Pennsylvania, bounded by the lands of Jacob Haver and others, containing 155 acres and 61 perches.
Second. That on the 22d day of March, 1904, the defendant entered into a contract in writing with one W. F. Flenniken for the sale and conveyance unto the said Flenniken, his heirs and assigns, all the nine foot or river vein of coal in and under the said tract of land, with the right to mine and remove all and every part of the same, together with certain other mining privileges specifically mentioned in the said contract, at and for the price or sum of one hundred dollars per acre, payable as follows, one-third of the purchase money at the time of making and delivery of the deed for said land, and the balance in two equal annual payments from the date of the said deed, with interest at the rate of five per cent per annum on the deferred payments, to be secured by a mortgage upon the premises; the said article of agreement containing a covenant that, "in case Mrs. Craft (who was the wife of the said B. L. Craft) refuses to sign deed this option shall be null and void"; also a covenant as follows: "It is expressly understood and agreed that if the first payment aforesaid is not made on the second day of April, A.D. 1904, or within five days thereafter, this agreement shall be considered as rescinded, and neither party shall be bound thereby."
Third. That while the said instrument of writing is in form a contract for the sale of the aforesaid coal, and mining rights, the parties to the instrument and J. V. Thompson, the assignee of the interest of the said Flenniken in said contract, treated the same as an option for the purchase of the said coal, mining privileges, etc.
Fourth. That on the 17th day of December, 1904, the said B. L. Craft extended the aforesaid agreement or option to purchase said coal and mining rights in writing on the back of said contract or option, as follows: "I hereby renew and extend the foregoing option to January 15, 1905. Witness my hand and seal this 17th day of Dec. 1904.
(Signed) B. L. Craft."
Fifth. That prior to January 15, 1905, and during the time the said agreement of March 22, 1904, was a valid and subsisting contract between W. F. Flenniken and the said B. L. Craft, the said Flenniken called upon the plaintiff and offered to sell the coal, mining rights, etc., described in said agreement to the said Thompson, but no agreement of purchase and sale was then consummated.
Sixth. That the said B. L. Craft, on or about February 4, 1905, after the first extension of said option or contract had expired, being still the owner in fee and in possession of the said lands, addressed a letter to the plaintiff and delivered the same to the said Flenniken, who, in turn, delivered the same together with an abstract of title of the said lands of the defendant to the plaintiff, the following being a copy of the said letter:
"J. V. Tomson
Sir:
Sende you the abstrect for you to examon if it all rite you can have the cole at the prise and turms that Mr Flanigan shoed to you if your not sadesfide with it you can returne it to me in ten days also if you except it I want it to take a copy from
B. L. Craft."
P.S. the note of the Barnes Survay coms so neere the other survases you will have to take it as the Abstract cauls for it onely makes a few rods difernes
B. L. Craft."
Sixth. That prior to January 15, 1904, while the said contract of March 22, 1904, was a valid and subsisting contract between W. F. Flenniken and B. L. Craft, the said B. L. Craft and W. F. Flenniken called upon the plaintiff and offered to sell the coal, mining rights and surface privileges described in the said agreement of March 22, 1904, to the plaintiff, but no agreement of purchase and sale was then consummated.
Seventh. That the abstract aforesaid exhibited by the said Flenniken, together with the defendant's letter written on or about February 4, 1905, was an abstract of the coal, and mining rights contained in said agreement of March 22, 1904, and the rights or interest proposed to be sold by the defendant and said Flenniken to the plaintiff were the identical rights and interests described in the said contract of March 22, 1904; in other words, the plaintiff was seeking to purchase, and Flenniken and the defendant were offering to sell to the plaintiff, the rights of the said Flenniken as evidenced by the said contract of March 22, 1904.
Eighth. That on February 6, 1905, the said W. F. Flenniken in writing on the back of the said agreement or option assigned the same to the plaintiff, the said assignment being in the following form:
Ninth. That on the same day the plaintiff gave notice to the defendant in writing on the back of said contract or option of his acceptance of the said contract or option of March 22, 1904, as extended by the said letter of the defendant, which notice of acceptance is as follows:
"B. L. Craft.
I hereby give you notice of my acceptance of within option as per terms therein, in accordance with your letter of February 4, 1905, reviving and extending said option ten days.
February 6, 1905.
J. V. Thompson. (Seal)"
Tenth. That the defendant on the sixth day of February, 1905, accepted notice of the said acceptance in writing also endorsed upon the back of said option or agreement of March 22, 1904, which notice is in the following form:
"February 6, 1905.
I hereby accept notice of the acceptance of within option & contract of sale is made absolute & I acknowledge receipt of ten dollars from J. V. Thompson on account of purchase money.
B. L. Craft. (Seal)."
Eleventh. That the only agreement that was made between the plaintiff and the defendant concerning any interest in the said coal and mining rights was that extending to the plaintiff the said option or agreement between Flenniken and the defendant.
Twelfth. That Mrs. Craft, the wife of the defendant, has at all times since the date of the said contract or option of March 22, 1904, refused to sign or execute a deed for the said coal, mining rights and privileges mentioned in said instrument of writing.
Thirteenth. That the defendant in good faith endeavored to have his wife sign the deed for the said coal, mining rights, etc., for the purpose of conveying the same unto the plaintiff, and that she refused to sign the same.
Fourteenth. That the plaintiff through his agent or attorney also endeavored to have the wife of the defendant sign a deed to the plaintiff for the said coal, mining privileges, etc., but she refused to execute the same.
Fifteenth. That the plaintiff made a demand upon the defendant for a deed for the said coal, mining privileges, etc., in accordance with the terms of the said agreement or option of March 22, 1904, and the defendant refused to execute and deliver a deed therefor to the plaintiff; but said refusal so to convey on the part of the defendant was because of the refusal of the wife of the defendant to join in the deed therefor.
Sixteenth. That the defendant was at all times willing to execute and deliver a deed for the coal, mining privileges, etc., to the plaintiff, provided the defendant's wife would sign a deed therefor.
Seventeenth. That on the fifth day of March, 1906, the plaintiff through his agent tendered to the defendant, in lawful and legal tender money, one-third of the purchase money for the said coal, mining privileges, etc., at the price of one hundred dollars per acre, with interest upon the whole amount at six per cent. from February 6, 1905, and a mortgage for the other two-thirds payable in two equal annual payments with interest from March 1, 1906, at the rate of five per cent. per annum as provided by the aforesaid contract; and at the same time presented to the defendant a deed for the conveyance of the said coal, and mining rights by the defendant to the plaintiff, and requested and demanded its execution and delivery by the defendant to the plaintiff, but the defendant declined to accept the said money and mortgage, and refused to execute and deliver a deed as requested, and still refuses either to accept the purchase money tendered or to execute and deliver a deed for the property; but such refusals as aforesaid were because of the refusal of the wife of the defendant to sign the deed for the aforesaid coal, etc.
Eighteenth. That the plaintiff has always been ready and willing to perform his part of the said contract of March 22, 1904, in accordance with the terms of said contract.
Nineteenth. That the defendant before the bill in this case was filed tendered to the plaintiff ten dollars in legal money, together with interest thereon, being the amount of purchase money received by the defendant from the plaintiff on account of the purchase money for the said coal, mining privileges, etc., but the plaintiff refused to accept the same.
...
To continue reading
Request your trial