Swank v. Fretts
Supreme Court of Pennsylvania
Appeals, Nos. 142 and 143, Oct. T., 1904, by A. E. Fretts et al., from decree of O. P. Westmoreland Co., No. 468 in equity in case of William M. Swank v. A. E. Fretts and C. B. Coon. Bill in equity for the cancellation of an agreement in writing.
Read the full summary
Appeals, Nos. 142 and 143, Oct. T., 1904, by A. E. Fretts et al., from decree of O. P. Westmoreland Co., No. 468 in equity in case of William M. Swank v. A. E. Fretts and C. B. Coon. Bill in equity for the cancellation of an agreement in writing. Before Doty, P. J. By the agreement “the party of the first part (plaintiff) hereby agrees to sell to the party of the second part, exclusively, all the different veins of coal on, in and under that certain tract of land situate .... “The said coal to be paid for as follows, at the rate of fifty ($50.00) dollars per acre. One dollar on the signing of…
1Opinion of the Court
Per. Curiam,
The language of the agreement is that the party of the first part (plaintiff) “ agrees to sell,” but there is no agreement of the other party to buy, and any obligation to do so is negatived by the last sentence, “ If the second party accepts the coal . ... he also agrees to take the McKee farm,” etc. The vendor was to make a deed “ on fifty days’ notice in writing by the party of the second part,” but there was no obligation to give such notice. The agreement ivas clearly an option and time was of its essence: McMillan v. Phila. Co., 159 Pa. 142; Neill v. Hitchman, 201 Pa. 207.
The…
2Cases cited2 opinions
- McMillan v. Philadelphia Co.Supreme Court of Pennsylvania · 1893
- Neill v. HitchmanSupreme Court of Pennsylvania · 1902
3Cited by6 opinions
- Barnes v. ReaSupreme Court of Pennsylvania · 1908
- Loughney v. QuigleySupreme Court of Pennsylvania · 1924
- Warner v. Bedell Co.Supreme Court of Pennsylvania · 1924
- Rhodes v. GoodSupreme Court of Pennsylvania · 1921
- McGuire v. GilbertSuperior Court of Pennsylvania · 1930
1 more not listed; retrieve them via the Exa API.