Lotz v. City of McKeesport

Commonwealth Court of Pennsylvania

Lotz v. City of McKeesport

453 A.2d 74, 70 Pa. Commw. 401, 1982 Pa. Commw. LEXIS 1756

CourtCommonwealth Court of Pennsylvania

DecidedDecember 15, 1982

DocketAppeal, No. 3005 C.D. 1980

StatusPublished

Cited by3 cases

This text of 453 A.2d 74 (Lotz v. City of McKeesport) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lotz v. City of McKeesport, 453 A.2d 74, 70 Pa. Commw. 401, 1982 Pa. Commw. LEXIS 1756 (Pa. Ct. App. 1982).

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Opinion

Opinion by

President Judge Crumlish, Jr.,

The Allegheny County Common Pleas Court granted the City of McKeesport’s Motion for Judgment on the Pleadings. We reverse and remand.

Conley’s Towing Service (Conley) contracted with the City of McKeesport (City) to perform towing services within the City. The contract contained a clause providing for yearly automatic renewal unless either party informed the other thirty days in advance of the contract’s anniversary date of an intent to change or abrogate the contract.¹ Conley was in[403]*403formed, by letter, of tbe termination of tbe contract twenty-seven days² before tbe anniversary date.

Following Conley’s suit in assumpsit, tbe City moved for judgment on tbe pleadings, wbicb was granted.³ Tbe court concluded, as a matter of law, tbat tbe time delay was reasonable and tbat to bold otherwise would cause an unconscionable result.

To succeed on Motion for Judgment on tbe Pleadings, tbe moving party’s right to prevail must be so clear tbat trial would be a fruitless exercise. Keil v. Good, 437 Pa. 37, 355 A.2d 768 (1976). Tbe contract is an exhibit attached to tbe pleadings to be read with tbe pleadings. Because of tbe nature of tbe clause, tbe contract may be determined to be an option contract. Our Superior Court, in Western Savings Fund Society of Philadelphia v. Southeastern Pennsylvania Transportation Authority, 285 Pa. Superior Ct. 187, 427 A.2d 175 (1981), restated tbe previously-held principle in Pennsylvania tbat, absent circumstances tbat would except tbe general rule,⁴ time is of tbe essence in an option contract. If time were of tbe essence, any delay — in this ease, a tbree-day delay — would not be reasonable. This question alone is sufficient to make tbe granting of tbe City’s Motion for Judgment on tbe Pleadings inappropriate.

[404]*404We reverse and remand for proceedings not inconsistent with this Opinion.

Order

The Allegheny County Common Pleas Court order, No. 6580-09836 of February 26, 1981, is hereby reversed and remanded for proceedings not inconsistent with this Opinion.

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Opinion by

President Judge Crumlish, Jr.,

The Allegheny County Common Pleas Court granted the City of McKeesport’s Motion for Judgment on the Pleadings. We reverse and remand.

Conley’s Towing Service (Conley) contracted with the City of McKeesport (City) to perform towing services within the City. The contract contained a clause providing for yearly automatic renewal unless either party informed the other thirty days in advance of the contract’s anniversary date of an intent to change or abrogate the contract.¹ Conley was in[403]*403formed, by letter, of tbe termination of tbe contract twenty-seven days² before tbe anniversary date.

Following Conley’s suit in assumpsit, tbe City moved for judgment on tbe pleadings, wbicb was granted.³ Tbe court concluded, as a matter of law, tbat tbe time delay was reasonable and tbat to bold otherwise would cause an unconscionable result.

To succeed on Motion for Judgment on tbe Pleadings, tbe moving party’s right to prevail must be so clear tbat trial would be a fruitless exercise. Keil v. Good, 437 Pa. 37, 355 A.2d 768 (1976). Tbe contract is an exhibit attached to tbe pleadings to be read with tbe pleadings. Because of tbe nature of tbe clause, tbe contract may be determined to be an option contract. Our Superior Court, in Western Savings Fund Society of Philadelphia v. Southeastern Pennsylvania Transportation Authority, 285 Pa. Superior Ct. 187, 427 A.2d 175 (1981), restated tbe previously-held principle in Pennsylvania tbat, absent circumstances tbat would except tbe general rule,⁴ time is of tbe essence in an option contract. If time were of tbe essence, any delay — in this ease, a tbree-day delay — would not be reasonable. This question alone is sufficient to make tbe granting of tbe City’s Motion for Judgment on tbe Pleadings inappropriate.

[404]*404We reverse and remand for proceedings not inconsistent with this Opinion.

Order

The Allegheny County Common Pleas Court order, No. 6580-09836 of February 26, 1981, is hereby reversed and remanded for proceedings not inconsistent with this Opinion.

744 F.2d 1015 (Third Circuit, 1984)

Finkle v. Gulf & Western Manufacturing Co.

744 F.2d 1015 (Third Circuit, 1984)

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453 A.2d 74, 70 Pa. Commw. 401, 1982 Pa. Commw. LEXIS 1756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lotz-v-city-of-mckeesport-pacommwct-1982.

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