Wertheimer v. Thomas

Citations

• 168 Pa. 168
• 31 A. 1096
• 1895 Pa. LEXIS 771

Syllabus

<p>Vendor and vendee — Covenants in lease — Notice—Collateral agreement.</p> <p>As between the vendor and vendee of land the latter is held to have had notice of the covenants of an existing lease of which he knew but had not examined, and as to the contents of which he has not been misled, but he is not charged with notice of a distinct collateral agreement.</p> <p>A lease gave the tenant an option to buy the demised premises at a certain price. Before the termination of the lease the owner of the land agreed to sell it to plaintiff who knew of the lease, but did not know that it gave the tenant an option to purchase. Before plaintiff received his deed the tenant exercised his option, and the deed was made to the tenant. Plaintiff subsequently bought the land at an advanced price and sued the vendor for the difference. The court gave binding instructions for defendant. Held, to be error.</p>