Tallman v. Edwards

Citations

• 32 Pa. Super. 273
• 1906 Pa. Super. LEXIS 337

Syllabus

<p>Lease — Option to sell — Evidence—Province of jury — Contract.</p> <p>An owner of a lease gave to another person a written option to purchase the same for an amount stated, the option to terminate at a certain hour on a day mentioned. In addition to the price stipulated the purchaser was to pay for certain professional services in connection with the transfer of the lease. There was no provision requiring a formal acceptance of the option. There was evidence that there was a subsequent parol agreement by which the price for the lease was reduced. Thereafter a second agreement in writing was executed which recited that the owner of the lease had assigned and transferred the 'same to the purchaser. This paper further recited that if the purchaser should obtain a new lease from the owner satisfactory to him, the seller of the lease would deliver possession on or before a day stated. There was no evidence of any actual formal assignment. The reduced purchase price was paid, possession was delivered, but the purchaser refused to pay for the professional services. The seller of the lease was compelled to pay for these services. Held, that the case was for the jury to determine whether the subsequent parol and written agreements were not mere modifications of the original option, and whether the purchaser was not bound for the professional services as stipulated in the option.</p>