Phœnixville, Valley Forge & Strafford Electric Railway Co.'s Appeal

Citations

• 70 Pa. Super. 391
• 1918 Pa. Super. LEXIS 260

Syllabus

<p>Road law — Viewers findings of fací — Act of June 28,1911, P. L. 1126 — Damages—Option to purchase land.</p> <p>A report of viewers is fatally defective, under Section 9 of tbe Act of June 23,1911, P. L. 1126, if it fails to state sufficient facts to enable the court properly to pass upon the questions involved.</p> <p>Where an owner of land executes and delivers to another an agreement in proper form, granting an option, to purchase the land within a time specified, and subsequently viewers are appointed in condemnation proceedings to take the land for public use, and thereafter within the time of the option the owner of the land appears before a notary public and acknowledges the option agreement, and is on the same day notified that the holder of the option exercises it, and a tender of the amount of the purchase-money is made at the same time, the holder of the option is entitled to claim the damages awarded in the condemnation proceedings less the purchase-money payable to the owner.</p>