Appeal from the Order entered on November 14, 1985, in the Court of Common Pleas of Mifflin County, Civil Division, at No. 78 of 1983.
Jeffrey W. Davis, Harrisburg, for appellant.
Lester Zimmerman, Jr., Lewistown, for appellee.
Wieand, Beck and Watkins, JJ. Wieand, J., files a concurring opinion.
[ 359 Pa. Super. Page 49]
The issue is whether an option clause for the purchase of land contained in a partnership agreement is valid. We find the option is valid and therefore affirm the grant of specific performance by the trial court.
The source of the present litigation is a partnership agreement which Appellant Bert A. Bowen and Appellee Donald V. Snyder entered into in 1969. In essence, each man paid $6,000 to acquire a one-half interest in the partnership
[ 359 Pa. Super. Page 50]
which held title to slightly more than 1400 acres of unimproved land on Jack's Mountain in Mifflin County. Paragraph 14 of the partnership agreement provides in part:
One of the parties hereto, DONALD V. SNYDER, his heirs, executors, administrators or trustees shall have the right, privilege and option to purchase any amount of land up to but not exceeding two hundred (200) acres of the real estate as is more fully described in Schedule A. hereto annexed and made a part hereof, for a sum not to exceed one-half of the original purchase price per acre. Said right, privilege and option may be exercised at any time prior to the division of the assets of partnership upon termination or dissolution thereof. Fifteen (15) days prior written notice of the exercise of said right, privilege and option shall be given to the other partner hereto.
When Snyder proposed this provision, Bowen objected on the ground that the rights of both parties should be equal in all respects. Bowen signed the agreement only after Snyder's lawyer added the following language:
Should the said DONALD V. SNYDER exercise the said right privilege and option then BERT A. BOWEN, his heirs, executors, administrator's or trustees shall have the right, privilege and option to purchase like amount of said land situate on same side of the mountain for ...