John A. Metz, Jr., Louis H. Artuso, Pittsburgh, for appellants.
Ernest L. Butya, Joseph I. Lewis, Pittsburgh, for appellee.
Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Jones, C. J., did not participate in the consideration or decision of this case. Pomeroy, J., concurs in the result.
This appeal involves the propriety of the trial court's grant of a judgment on the pleadings in favor of appellee in an equity action. Appellants, Patrick and Madeline Trapuzzano, sought but were denied, specific performance of a portion of an agreement of sale entered into between appellants and appellee, Sara T. Lorish, and her husband who died prior to this lawsuit.
In their complaint appellants alleged that on January 7, 1967, they entered into an agreement whereby the appellee agreed to (1) sell a two story dwelling for $16,500, and (2) gave appellants an option to purchase adjoining property for $500. Appellants further alleged that the appellee performed the first part of the agreement, but refused to perform the second part of the agreement after appellants had notified appellee of their intention to exercise the option contained in part two of the agreement. Appellee answered the complaint admitting the execution of the agreement of January 7, 1967, but alleged
in new matter that as to the option portion, the agreement was vague, indefinite, ambiguous, and therefore unenforceable. Appellee then moved for, and was granted a judgment on the pleadings.
The option portion of the agreement of January 7, 1967, reads as follows:
"KNOWN as No. 1012 McCoy Road, Kennedy Township, Allegheny County, and having erected thereon a 2 story brick veneer dwelling and detached 2 car garrage. HAVING approximately 148 foot frontage on McCoy Road, the depth is approximately 350 feet to 400 feet, more or less.
For legal description the parcel must be surveyed at the expense of the buyers. Survey is to be in accordance with verbal and wave of hand boundaries heretofore explained and accepted by the buyers.
Buyers have first option to purchase adjoining or remainder of this 2 acre plot to be conveyed, subject to survey, and subject to owner terminating operations on said premises. Purchase price ...