Legal Opinion

Strasser v. Steck

Supreme Court of Pennsylvania

Decided January 7, 1907No. Appeal, No. 26PublishedCited by 7 opinions

Appeal, No. 26, Oct. T., 1906, by defendant, from, judgment of C. P. No. 3, Allegheny Co., Feb. T., 1902, No. 405, on verdict for plaintiff in case of L. S. Strasser v. Amos Steck. Assumpsit to recover on a contract of sale.

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Appeal, No. 26, Oct. T., 1906, by defendant, from, judgment of C. P. No. 3, Allegheny Co., Feb. T., 1902, No. 405, on verdict for plaintiff in case of L. S. Strasser v. Amos Steck. Assumpsit to recover on a contract of sale. Before Evans, J. From the record it appeared that the contract between the two parties was as follows: “ This optional agreement, made February 21,1901, between L. S. Strasser, of New Kensington, Westmoreland'county, Pennsylvania, party of the first part, and Amos Steck, of Pitts-burg, Pennsylvania, party of the second part, “ Witnesseth : That said party of the first…

1Opinion of the Court

Opinion bit

Mr. Justice Elkin,

If the agreement entered into between the parties to this action was a contract for the sale of land, the judgment must be reversed ; if'it was a contract for the sale of options, the case was properly disposed of in the court below. Prior to February 21,1901, when the contract in question was made, appellee had procured options from fifteen landowners giving him the right to elect to purchase the coal underlying their respective properties within certain limits and at certain fixed prices. In addition to the optioned coal, he owned or controlled a couple of…

2Cases cited3 opinions

  1. Kerr v. DaySupreme Court of Pennsylvania · 1850
  2. Peoples Street Ry. Co. v. SpencerSupreme Court of Pennsylvania · 1893
  3. Frick's AppealSupreme Court of Pennsylvania · 1882

3Cited by7 opinions

  1. Driebe v. Fort Penn Realty Co.Supreme Court of Pennsylvania · 1938
  2. Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938
  3. Phœnixville, Valley Forge & Strafford Electric Railway Co.'s AppealSuperior Court of Pennsylvania · 1918
  4. Gillman v. Dektor, Pennsylvania Court of Common Pleas, Philadelphia County1946
  5. Gothier v. Regent Construction Co., Pennsylvania Court of Common Pleas, Cumberland County1983

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