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MRAHUNEC v. FAUSTI. (04/16/56)

April 16, 1956

MRAHUNEC, APPELLANT,
v.
FAUSTI.



Appeal, No. 78, March T., 1956, from order of Court of Common Pleas of Beaver County, March T., 1955, No. 5, in case of Adam Mrahunec v. Mary Fausti, also known as Mary R. Fausti. Order affirmed.

COUNSEL

Harold L. Roth, for appellant.

Wayne S. Luce, with him Everett Y. Calvin, for appellee.

Before Stern, C.j., Jones, Bell, Musmanno and Arnold, JJ

Author: Bell

[ 385 Pa. Page 64]

OPINION BY MR. JUSTICE BELL

This is an appeal from the Order of the Court below sustaining preliminary objections to a complaint

[ 385 Pa. Page 65]

    in equity praying for specific performance of an option to buy real estate embodied in a lease. The lease, dated March 1, 1949, provides in pertinent part:

"... lessor, ... does hereby lease, to the lessee, ... one store room,*fn* same being part of the lessors residence, located on 13th St., EXT, in the Borough of Conway, Beaver County and State of Pennsylvania, on lot No. 77 in a plan of lots formerly laid out by the People land Co.

"WHEREAS: the lessor agrees to let the lessee use the land that was formerly lot No. 77, in said plan of lots only, for a gasoline service station only, and the store room for use as a grocery store and confectionery store only, ....

"WHEREAS: the lessor agrees to rent said store room and land as heretofore mentioned, to the lessee for three (3) years, from the signing of this agreement, with the privilege of extending the lease for three (3) more years, making the limit of this lease to six (6) years, from the signing of this agreement, under the following terms and conditions, ....

"WHEREAS: the lessor, agrees to sell to the lessee, said property at any time within the lease period heretofore mentioned, for the some of fourteen thousand (14000.00) cash, providing the lessee is ...


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