Uhlman v. Sullivan

Citations

• 242 Pa. 436
• 89 A. 550

Syllabus

<p>Contracts — Construction--Agreement of sale — Option to purchase — Breach.</p> <p>An instrument signed and sealed by plaintiff and defendant provided that the plaintifi’ ishould sell certain hotel furnishings and stock of liquors to the cid”: ndant. The instrument stipulated for the payment of hand morn ¡y and for further payments at designated times, provided thu fc the stock of liquor should be appraised by persons mutually to b-s agreed upon, and that plaintiff and defendant would both uso -’heir efforts to have the liquor license transferred to defendant, and recited that the parties “do bind themselves, their heirs, executors, and administrators each to the other, his heirs, executors, and administrators,” but contained no express promise by the <3 A-ndant to pay the consideration. After tbe license had been transferred on petition, the defendant refused to complete the purchase and the plaintiff sold to a third party and brought this suit on the instrument for the difference between the price therein named, and the price for which the property was sold. Defendant contended that the instrument was an option to purchase, not a contract. Held, the instrument was a contract and a verdict and judgment for the plaintiff should be sustained.</p>