Hay v. Baer

Citations

• 48 Pa. Super. 231
• 1911 Pa. Super. LEXIS 359

Syllabus

<p>Contracts — Construction—Intention of parties — Vendor and vendee— Agreement of exchange — Rent.</p> <p>1. However general the terms may be in which an agreement is conceived, it only comprehends those things in respect to which it appears that the contracting parties proposed to contract; and not others they never thought of.</p> <p>2. Where two persons agree in writing to exchange residential premises, and the second party is given the option of paying a certain amount in cash instead of conveying his own property, and the agreement further provides that if the first party shall vacate his property sooner than the time stipulated, the second party shall pay rent for his own house between the time of such vacation and the surrender of his own house, and the second party exercises the option to pay in cash, the first party cannot demand from the second party any rent for the latter’s property after he has received the cash payment in lieu of the property.</p>