277 Pa. 504 | Pa. | 1923
Opinion by
Appellant’s lease for one year from April 1, 1921, contained t'he following provisions: “The lessee shall have the refusal......during the period of six months from the date hereof” to buy said property. “The consideration for this option is the sum of one dollar, in addition
The lessor sold the property, and, on March 6, 1923, the lessee gave notice that he would exercise his option. It is lessee’s contention that not only is the paper dated September 30, 1921, written into the lease as though it were a part thereof, but that the effect of the renewal of the lease was to continue the option for an additional year from March 31, 1922. We cannot agree to that conclusion, although it is not necessary to decide the question in this case. See Parker v. Lewis, 267 Pa. 382.
The option must be considered as an independent clause in the agreement, giving the lessee the right to purchase the property within the time specified. It may be considered as part of the agreement in so far as it described the persons and the property, but the extension of September 30th, did not operate to reform that instrument. It referred solely to the option, and was not a part of the original lease, except as it extended the particular time there mentioned to a future date. It expired by its own limitation. On March 31, 1922, and there-, after, this paper had no effect. The renewal of that date
The decree of the court below is affirmed.