NO. 153 PITTSBURGH, 1981, Appeal from the Order of the Court of Common Pleas, Civil Action-Equity, of Mercer County, at No. 9 E.Q. 1979.
George H. Rowley, Greenville, for appellants.
Richard H. Martin, Pittsburgh, for appellee.
Cavanaugh, Montemuro and Van der Voort, JJ. Montemuro, J., concurs in the result.
[ 302 Pa. Super. Page 473]
This action was commenced by a complaint in equity, disposed of below by Judge Acker in favor of the plaintiff-appellees. The case was submitted to the court for decision on a written stipulation of facts.
The plaintiff-appellee Amoco Oil Company (Amoco) was engaged in producing, refining and marketing petroleum products. Ruth L. Snyder, the wife-defendant and one of the appellants is the owner of the real estate involved in this litigation, a 90' X 100' lot at the intersection of Main Street and College Avenue in Greenville, Pennsylvania, having a
[ 302 Pa. Super. Page 474]
brick gasoline service station erected on it. On August 2, 1968, Ruth L. Snyder and her husband, and other persons then having an interest in the property, leased it to Amoco.*fn1 The term of the lease was for ten years, beginning April 1, 1969 and ending on March 31, 1979. The rental was $350 per month. Lessee was given an option to extend the lease for two successive periods of five years each at a rental of $400 per month.
The leasing agreement contained the following provisions:
3a. Lessee shall have, and is hereby given, the option of purchasing said demised premises for the sum of FORTY FIVE THOUSAND ___ DOLLARS ($45,000.00), provided Lessee shall give Lessor notice in writing of its election to exercise said option to purchase at any time during the original term or any extension or renewal thereof.
b. It is further agreed that should Lessor, or Lessor's heirs, executors, grantees, successors or assigns, at any time during the term of this lease or any extension thereof, receive an offer to purchase the demised premises, or any part thereof, or any premises which includes the demised premises, and desires to accept said offer, or should Lessor during any such time make an offer to sell the demised premises, or any part thereof, or any premises which includes the demised premises, Lessor shall give Lessee ninety (90) days notice in writing of such offer, setting forth the name and address of the proposed purchaser, the amount of the proposed purchase price, and all other terms and conditions of such offer, and Lessee shall have the first option to purchase the premises which ...