207 Pa. 399 | Pa. | 1904
Opinion by
But one conclusion can follow an examination of this case, and it is, that the appellant, having entered into a written contract for the sale of real estate for which he can now get more money, is, for that reason, trying to get out of his agreement to sell it to the appellee. After a careful review of the evidence, there is no one of the facts found by the learned trial judge that we ought to disturb, and the recital of them in the report of the case will be a sufficient vindication of his judgment that, in this equitable ejectment, the plaintiff is entitled to recover.
The chief reason assigned by the appellant why the judgment should be reversed is, that the court should have found the following fact, as requested, which it is contended is conclusive against the appellee’s right to specific performance: “That an oral agreement, cotemporaneous with the written option, was made between defendant, Herman Liebold and Aaron Reiber, representing the plaintiff, by which he, the said Aaron Reiber, was to purchase from one Morrison, and one Krut, then being-in possession, as tenants, of the premises described in the. option, under leases from the defendant, their unexpired terms of said leases, and if he failed to purchase the same within the period of ten days, the time for which the option ran, then and in that event
One of the requests of the defendant was that the court find “ that at the time the option was secured a company known as the Standard Steel Car Company contemplated coming to Butler to establish a large manufacturing plant; that Mr. Reiber had knowledge of this matter, and while defendant had heard of the coming of some contemplated company, his knowledge was indistinct and indefinite, and the certainty of its coming was known to the plaintiff who withheld this knowledge from defendant.” The answer Avas: “ Refused. The rumor that some company proposed establishing a manufacturing plant in or near Butler was known to both Mr, Reiber and the defendant,