Paul v. Snyder

66 Pa. D. & C.2d 463, 1974 Pa. Dist. & Cnty. Dec. LEXIS 305
CourtPennsylvania Court of Common Pleas, Northumberland County
DecidedJuly 15, 1974
Docketno. 1130 of 1974
StatusPublished

This text of 66 Pa. D. & C.2d 463 (Paul v. Snyder) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Northumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paul v. Snyder, 66 Pa. D. & C.2d 463, 1974 Pa. Dist. & Cnty. Dec. LEXIS 305 (Pa. Super. Ct. 1974).

Opinion

MOSER, J.,

In this action in equity, plaintiffs request specific performance of an option to purchase contained in a written lease of farm property located partly in both Northumberland County and Schuylkill County.

STATEMENT OF ISSUES AND PLEADINGS

The issue arising from the pleadings and evidence is whether plaintiffs are entitled to specific performance of an option to purchase farm property contained in a lease. Plaintiffs filed their complaint in equity in this court on May 20, 1974, to enjoin defendants Snyder from transferring or encumbering the real property to persons other than plaintiffs, and to obtain specific performance of the option to purchase. At the conclusion of the hearing before this [464]*464court on June 3, 1974, an injunction to restrain the transfer or encumbrance of the property until final disposition of the proceeding was issued by the court. At the same time, the attorneys for the parties s’tipu'lated on the record that the hearing held June 3, 1974, would constitute both the preliminary and the final hearing in the case. On June 10, 1974, defendants filed a responsive answer to the complaint, together with a counterclaim for possession of the real property.

FINDINGS OF FACT

1. Plaintiffs, Lyle Paul and Jennie Paul, are husband and wife, and plaintiff, Marlin Lesher, is single, all adult individuals, residing at Leek Kill, Upper Mahanoy Township, Northumberland County, Pa.

2. Defendants, Emerald C. Snyder and Regina Snyder, are husband and wife, all adult individuals, residing at Pitman, Upper Mahanoy Township, Northumberland County, Pa.

3. Defendants, David J. Long and Brenda L. Long, are husband and wife, all adult individuals, residing at R.D. No. 1, Pitman, Upper Mahanoy Township, Northumberland County, Pa.

4. By written agreement dated April 1, 1971, defendants Snyder, as landlords and parties of the first part, leased to plaintiffs, as tenants and parties of the second part, for a term of five years, reserving rent of $3,000 per year, payable $250 monthly, the farm property bounded and described as follows:

“ALL those two certain messuages or tracts of land situate in Upper Mahanoy Township, Northumberland County and part of tract no. 1 in Schuylkill County, bound and described as follows to wit:
“TRACT NO. 1: BEGINNING at a white oak by land formerly of John Maurer, now lands of the [465]*465Grantor, G. M. Howerter, south twenty (20) degrees east twenty five (25) perches to a post; thence by land formerly of Charles Reiner, now Harry Reiner, south one (1) degree west twenty two (22) perches to a stone; thence by the same, south seventy eight (78) degrees west thirty (30) perches to a post; thence by the same, north eighty seven and one half (87 1/2) degrees west twelve (12) and eight tenths (0.8) perches to a post; thence by land formerly of Jesiah Geist, now Lee Reiner, north twenty four (24) degrees west fifty six and three tenths (56.3) perches to a stone; thence north forty two and one half (42 1/2) degrees east three and three tenths (3.3) perches to a stone; thence by land formerly of Charles Reiner, now Lee Reiner, north three fourths (3/4) degrees east fifty five and six tenths (55.6) perches to a stone; thence by land formerly of Simon Snyder, now Charles D. Snyder, north eighty six and one half (86 1/2) degrees east fifty four perches to stone; thence by land formerly of John Maurer, now Wilbert Snyder and other timberland of the Grantor, south one (1) degree east sixty one and one half (61 1/2) perches to.place of BEGINNING, containing thirty seven (37) acres and thirty (30) perches strict measure. The said tract was surveyed by D. G. Renn on April 10, 1877.
“TRACT NO. 2: BEGINNING at a stone at the corner of lands formerly of Samuel Kieffer, now Henry Long; thence along lands of the said Henry Long and lands formerly of Isaac Schreffler, now Marlin Schreffler, north seventy-eight (78) degrees west one hundred ninety two (192) perches to a stone; thence along lands formerly of Benjamin Wetzel, north eighty eight (88) degrees east six and five tenths (6.5) perches to a point; thence south eighty five (85) degrees east one hundred ninety one and five tenths (191.5) perches to a stone; thence by land formerly of Elias Howerter, now Wil[466]*466liam Kahler, south ten (10) degrees west twenty eight and eight tenths (28.8) perches to a stone; thence along lands formerly of Joel Kerstetter, now Charles D. Snyder, south three and one half (3 1/2) degrees west four and four tenths (4.4) perches to the place of Beginning, containing twenty five (25) acres and ninety eight (98) perches of land. The said tract was surveyed by E. J. Geist on September 6,1905.
“TRACT NO. 3: ALL that certain messuage, tenement and tract of land, situate, lying and being in Upper Mahanoy Township, Northumberland County, and partly in Upper Mahan ton go Township, Schuylkill County, and State of Pennsylvania, bounded and described as follows, to wit:
“BEGINNING at a stone; thence by land formerly of George Geist, now James Oxenrider, north seventy eight (78) degrees east seventy three and eight tenths (73.8) perches to a stone; thence by land formerly of Daniel Reiner, now Henry Reiner, north twenty four and one half (24 1/2) degrees west, sixty four and five tenths (64.5) perches to a stone; thence north eighty seven and three quarters (87 3/4) degrees west, twelve and five tenths (12.5) perches to a stone; thence by lands formerly of Monroe Howerter, now Emerald Snyder, north twenty three and three fourths (23 3/4) degrees west, fifty seven (57) perches to a stone; thence by the same, south eighty eight (88) degrees west, seventy six and eight tenths (76.8) perches to a stone; thence by land formerly of Oscar Ramer, now Jerry Raupt, south twenty four and one half (24 1/2) degrees east, eighty three and four tenths (83.4) perches to a stone on County Line; thence fifty five (55) perches and fourteen feet (14) to the place of Beginning, containing sixty four (64) acres of land, be the same more or less.
[467]*467“ALSO all that certain messuage, tenement and tract of land, situate in Upper Mahanoy Township, Northumberland County and State aforesaid, bounded and described as follows, to wit:
“BEGINNING at a stone; thence by land formerly of William Paul, now C. D. Snyder, north fifty nine and seven tenth (59.7) perches to a stone; thence by land formerly of George Paul, now William and Lyle Paul, north eighty nine and one half (89 1/2) degrees east, fifty four and six tenths (54.6) perches to a stone; thence by land formerly of Monroe Howerter, now Emerald Snyder, south three fourth (3/4) degrees west, fifty five and six tenth (55.6) perches to a stone; thence south forty two and one half (42 1/2) degrees west, three and three tenth (3.3) perches to a stone; thence by land now or formerly of the late Jesse Geist, south eighty eight and one fourth (88 1/4) degrees west, fifty one and two tenths (51.2) perches to the place of BEGINNING, containing nineteen (19) acres and one hundred twenty six (126) perches, strict measure.
“Leasing all the tillable land and reserving the timberlands, one acre of land upon which the trailer of Emerald C. Snyder, Jr. is located, one acre adjoining the Emerald C. Snyder Jr.

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Bluebook (online)
66 Pa. D. & C.2d 463, 1974 Pa. Dist. & Cnty. Dec. LEXIS 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paul-v-snyder-pactcomplnorthu-1974.