Appeal, No. 154, March T., 1962, from decree of Court of Common Pleas of Allegheny County, July T., 1960 D. No. 2616, in equity, in case of Sun Oil Company v. Charles E. Traylor and Myrtle B. Traylor, also known as Myrtle D. Traylor, his wife. Decree affirmed.
Dale Cleland, for appellants.
Robert A. Doyle, with him Clair V. Duff, and Duff & Doyle, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen and Eagen, JJ.
OPINION BY MR. JUSTICE MUSMANNO
Charles E. Traylor and Myrtle Traylor, his wife, own a property on Banksville Road in the Twentieth Ward of the City of Pittsburgh. The Sun Oil Company, a corporation engaged in the marketing of gasoline and certain automobile services and accessories, entered into a written agreement with the Traylors on April 6, 1959, to purchase their property for the purpose of erecting thereon a gasoline station, provided it could obtain from the various agencies of the government involved (city, county and state) the licenses, permits and change of zoning classification necessary in order to utilize the property for its business because part of the Traylor land was zoned "Residential" and part "Special Classification," neither of which designations
permitted gasoline stations.*fn* It is important to note this specific provision in the contract, namely, "the performance of this agreement is expressly conditioned upon Buyer being able to secure all necessary permits and licenses to erect, install, maintain and operate said gasoline service and filling station, together with approaches and curb cuts, in accordance with Buyer's plans and specifications."
The agreement also stated that if the Sun Oil Company could not obtain the indispensable authorizations prior to August 31, 1959, it would have the right upon written notice to the Traylors to extend the date of settlement for 120 days.
Upon the signing of the agreement of sale, Sun Oil, through its agents and representatives, began the round of governmental offices to obtain the necessary authorizations and permits absolutely needed before it could erect its gasoline station. It became evident, during the process of this arduous task, that the authorizations could not be acquired prior to August 31, 1959. Accordingly, upon request by the company, the Traylors agreed in writing that the settlement date would be extended from August 31, 1959, to November 30, 1959. Sun Oil then again set out on its journeying into the numerous offices and agencies to secure the permissions still outstanding. By the middle of November it became obvious that considering what yet had to be done the task could not be completed in time for settlement on November 30, 1959, and the Traylors
again agreed, also in writing, that the settlement date would be ...