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SUN OIL COMPANY PENNSYLVANIA v. JULIUS BELLONE AND VIOLET S. BELLONE (11/13/81)

filed: November 13, 1981.

SUN OIL COMPANY OF PENNSYLVANIA,
v.
JULIUS BELLONE AND VIOLET S. BELLONE, APPELLANTS



No. 862 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas, Civil Division-Law, of Westmoreland County, No. 2584 of 1980, In Equity.

COUNSEL

Robert H. Kutz, Greensburg, submitted a brief on behalf of appellants.

David C. Pohland, Greesburg, for appellee.

Brosky, DiSalle and Shertz, JJ.

Author: Disalle

[ 292 Pa. Super. Page 342]

Appellee, Sun Oil Company of Pennsylvania (Sun), as lessee/purchaser, instituted this action against appellant, Violet S. Bellone (Bellone),*fn1 as lessor/vendor for the specific performance of an option to buy certain real property. The lower court granted appellee's motion for judgment on the pleadings, Pa.R.C.P. 1034, finding that appellee had properly exercised its option to purchase the property, and that once the option had been exercised, a valid contract of sale was created. Appellant claims that the lower court erred. We disagree.

It is fundamental that a judgment on the pleadings should not be entered when there are unknown or disputed issues of fact. North Star Coal Co. v. Waverly Oil Works Co., 447 Pa. 241, 288 A.2d 768 (1972). When reviewing the

[ 292 Pa. Super. Page 343]

    pleadings and relevant documents, see, SN, Inc. v. Long, 208 Pa. Super. 38, 220 A.2d 357 (1966), this court must treat the motion as if it were a preliminary objection in the nature of a demurrer. Trost v. Clover, 234 Pa. Super. 255, 338 A.2d 630 (1975).

The pleadings reveal the following facts: On February 28, 1961, Bellone entered into a lease/sale agreement with Sun.*fn2 This agreement contained two option provisions. Paragraph 7(d) of the agreement provided:

(d) That Company shall have the option to purchase at any time during the term of this lease or any renewal thereof, the said leased premises, together with all buildings, improvements and equipment erected thereon and owned by Lessor for the sum of Forty-Two Thousand Dollars ($42,000.00).

Upon receipt of said purchase price, after deducting therefrom any sums due Company by Lessor, Lessor shall convey (by general warranty deed) and transfer to Company said premises, buildings, improvements and equipment, free and clear of all liens, easements, restrictions and encumbrances, and title thereto shall be good and marketable and such as will be insured, at usual rates, by a reputable title insurance company, satisfactory to Company. Lessor further agrees, in such event, to assign, transfer, and set over unto Company, to the extent he may legally do ...


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