Curry v. Bacharach Quality Shops, Inc.

Citations

• 271 Pa. 364
• 117 A. 435
• 1921 Pa. LEXIS 511

Syllabus

<p>Landlord and tenant — Lease—Written 'option to extend — Evidence — Statute of frauds.</p> <p>1. Where a lease is executed for three years, and four days thereafter the lessor delivers to the lessee a writing in which he says that “in consideration of your signing the lease,” an option is given to extend it for a specified number of years, describing the premises as in the lease, the written option is not parol evidence, but is an essential element of the written contract, and is not subject to the rule that, as it was omitted from the lease, it cannot be proved.</p> <p>2. Effect must be given the option in the light in which the then owner regarded it.</p> <p>3. In the absence of evidence to the contrary, the inference will prevail that the option came as the result of an understanding between'the parties, arrived at during the negotiations for the lease, to be executed and given in the manner indicated.</p> <p>4. In such ease, the consideration of the option was the signing of the lease.</p> <p>5. It seems that, as the original agreement contemplated an option, the moral obligation on the part of the lessor, would also support, as a sufficient consideration, the written option subsequently given.</p> <p>6. An oral promise, unenforceable because of the statute of frauds, may be made good by a subsequent writing.</p> <p>7. The memorandum required by the statute of frauds, may be on different papers, if one contains reference to the other.</p> <p>Landlord and tenant — Sheriff’s sale of property sold under mortgage prior to lease — Affirmation of lease.</p> <p>8. A purchaser of property at a sheriff’s sale under a mortgage, prior in date to a lease of the premises, may affirm or disaffirm the lease. If he affirms it, he becomes subject to all the advantages and disadvantages of the lessor.</p> <p>9. When such purchaser accepts rent from the tenant in possession, without inquiring as to the extent of the tenant’s rights, he affirms the lease, and this carries with it