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BARR v. DEITER. (09/16/59)

September 16, 1959

BARR, APPELLANT,
v.
DEITER.



Appeal, No. 253, Oct. T., 1959, from decree of Court of Common Pleas of Schuylkill County, Nov. T., 1956, No. 8, in equity, in case of Edna M. Barr v. Allen L. Deiter. Decree affirmed.

COUNSEL

James J. Rattigan, with him Cletus C. Kilker, for appellant.

John T. Pfeiffer, III, with him D.J. Boyle, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 190 Pa. Super. Page 456]

OPINION BY GUNTHER, J.

This appeal is from the final decree of the Court of Common Pleas of Schuylkill County refusing a decree for specific performance of an option to purchase real estate.

Appellant, Edna M. Barr, together with her husband, Scott H. Barr, now deceased, by deed dated May 3, 1941, granted and conveyed certain tracts of land and the buildings erected thereon to appellee, Allen L. Deiter and his wife, Pauline Deiter, now deceased, for a consideration of $1.00. The actual consideration of such transfer was $1,800.00 representing the balance due by appellant and her husband to the First National Bank of Hegins, Pa. On the same day, appellee and his wife entered into a written lease agreement with appellant and her husband, the terms of said lease being "an indefinite period commencing the first day of May,

[ 190 Pa. Super. Page 4571941]

," for a monthly rental of $8.00. The lease agreement also contained an option in favor of appellant and her husband to purchase the property as follows: "It is agreed by the first party (appellee) that the second party (appellant) may purchase the above described properties from the first party at any future time that they so desire by paying therefore the same price as paid by the first party to the second party, when they purchased it from them. If the first party desire to sell the same it is hereby agreed by the first party that the second party shall have the first option of buying the same under the conditions and terms as stated above."

Appellant and his wife, prior to the transfer of title on May 3, 1941, lived on the premises here involved and have continued to live there during the entire period up to the present time. Pauline Deiter was a daughter of appellant, who died on December 11, 1945, and the appellee remarried on September 28, 1946.

After the transfer of title to the property in question, appellee discovered that delinquent taxes were due and owing on the premises for the years 1937 and 1939 in the total amount of $128.35. These taxes were cleared by appellee. In addition to the taxes and the debt paid off in the amount of $1,800.00, appellee made valuable improvements on the property over a period of 15 years amounting to approximately $7,600.00. Of this amount, $2,390.00 was expended for repairs and improvements to the premises; approximately $5,000.00 was expended for fertilizers to improve the soil; $230.00 was expended for the removal of old fruit trees. In addition, appellee expended his own labor and that of his family and friends in clearing the ...


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