267 Pa. 288 | Pa. | 1920
Opinion by
Plaintiff’s bill prays for the specific performance of a real estate option, as follows, viz: “Scranton, Pa., July 28, 1919. Received of Timothy O’Connell, Jr., one
“Signed, sealed and delivered the aforesaid date. M. A. Cease, (seal)”
Plaintiff avers that he was ready and willing to complete the purchase and, within the time specified, tendered performance as best he could owing to the fact that defendant at first secreted himself and later refused to carry out the contract. Defendant filed a demurrer to the bill, which, upon due consideration, the court below sustained and dismissed the bill; from which decree plaintiff brought this appeal.
The first ground of demurrer, viz: “The written agreement, dated July 28,1919, and attached to the plaintiff’s bill of complaint and marked ‘Ex-A,’ is obscure and indefinite in that it fails to describe the property of the defendant with sufficient clearness and accuracy,” is well
Undoubtedly real estate may be described by reference to a plan, a plot, a lot number, or a prior conveyance, or by name, such as “Hotel Duquesne property” (Henry v. Black, 210 Pa. 245); “The Fleming Farm on French Creek” (Ross v. Baker, 72 Pa. 186); “The Byers place” (Ranney v. Byers, 219 Pa. 332); or by other sufficient identification (Haupt v. Unger, 222 Pa. 439; Felty v. Calhoon, 139 Pa. 378). Had the option in the present case referred to the real estate merely as the property formerly of the Dutton Silk Co., situate on Main street, etc., in place of making a futile attempt to describe a lot, and then confining the reference to the improved silk mill to “formerly Dutton Silk Co. mill” without mentioning any land as appurtenant thereto, plaintiff’s contention would stand better. While parol evidence cannot supply an omission in the terms of the written contract, it may be admitted to apply the description to the subject-matter thereof: Title G. & S. Co. v. Lippincott, 252 Pa. 112; Whiteside v. Winans, 29 Pa. Superior Ct. 244.
As our conclusions above stated lead to an affirmance of the decree, it is unnecessary to consider the other questions raised by the demurrer.
The decree is affirmed at the costs of appellant.