Goldstein v. Nichols

Citations

• 273 Pa. 107
• 116 A. 670
• 1922 Pa. LEXIS 528

Syllabus

<p>Landlord and tenant — Lease—Option to purchase — Oral notice of election to accept — Principal and agent — Statute of frauds— Lease at will.</p> <p>1. Where an owner of real estate does not give to an agent written authority to execute a lease with an option to purchase contained therein, a lease of the premises for four years and three months with such option, executed by the agent, but not ratified in writing by the owner, falls within the statute of frauds, and the estate created by the lease is one at will only, and the option is unenforceable.</p> <p>2. Under the provisions of the statute of frauds, a lease unauthorized in writing is not an absolute nullity, but is merely reduced to a lease at will.</p>