Parker v. Lewis
Supreme Court of Pennsylvania
Appeal, No. 209, Jan. T., 1920, by plaintiffs, from order of C. P. No. 1, Phila. Co., June T., 1918, No. 235, refusing to take off nonsuit in case of Gilbert S. Parker and Ernest L. Parker, executors of Gilbert L. Parker, deceased, v. Henry It. Lewis and Mary J. Lewis, his wife. Assumpsit for breach of contract to convey real estate. Before Shoemaker, J. The opinion of the Supreme Court states the facts.
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Appeal, No. 209, Jan. T., 1920, by plaintiffs, from order of C. P. No. 1, Phila. Co., June T., 1918, No. 235, refusing to take off nonsuit in case of Gilbert S. Parker and Ernest L. Parker, executors of Gilbert L. Parker, deceased, v. Henry It. Lewis and Mary J. Lewis, his wife. Assumpsit for breach of contract to convey real estate. Before Shoemaker, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit, which the court subsequently refused to take off. Plaintiffs appealed. Error assigned ivas refusal to take off nonsuit.
1Opinion of the Court
Per Curiam,
The lease from the appellees to the appellants’ decedent, dated November 18, 1896, was for eight years, and gave him the right to purchase the leased property at a stipulated sum “at any time within five years” from the date of the lease. This right he failed to exercise. The lease was renewed, from time to time, “under the same conditions,” but only as a lease, for the right or option to purchase had died on November 18, 1901, and was not revived in any of the renewals. The learned trial judge correctly so held in entering the nonsuit in this action, brought by the executors of…
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