Shuemaker v. Nissley

Citations

• 225 Pa. 430
• 74 A. 241
• 1909 Pa. LEXIS 678

Syllabus

<p>Vendor and vendee — Purchase of land subject to option.</p> <p>Where a person purchases real estate under articles knowing that a committee of a proposed street railway company has an option upon it of which he knows the terms, and of which he is to have the benefit, he cannot refuse to pay the whole amount of the purchase money when a proper deed is tendered to him, unless he can show that the vendor had covenanted to compel the holder of the option to exercise it, or that the vendor had received some benefit on account of the option to which the purchaser was entitled. In such a case the mere fact that the option had not been exercised is not sufficient to entitle the purchaser to a deduction on account of the purchase money.</p>