Pierce v. McCracken

Decided November 1, 1886

Supreme Court of Pennsylvania · decided 1886-11-01

This was a bill in equity, filed by George W. Pierce against Elizabeth McCracken, Jane McCracken, and A. D. McCracken, guardian ad liiem of Emma, Millus, and Jesse McCracken, for the reformation of the following instrument in writing: “Article of agreement made and concluded on this 19th day of January, 1881, by and between Margaret E. McCracken, of Sandy Creek township, Mercer county, Pa., of the first part, and George Pierce, of same township, county and state aforesaid,…

Affirmed · Decided 1886-11-01

Per Curiam :

¶1The contract in this case is executory, and whenever the plaintiff performs his covenants as therein stated, he can compel the execution to himself of a good and sufficient deed in fee, but not before.

¶2Decree affirmed and appeal dismissed, at the costs of the appellant.