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WALTER N. TURNER AND BEVERLY M. TURNER v. NORMAN HOSTETLER (12/02/86)

filed: December 2, 1986.

WALTER N. TURNER AND BEVERLY M. TURNER, HUSBAND AND WIFE
v.
NORMAN HOSTETLER, JR. AND DELORIES I. HOSTETLER, HUSBAND AND WIFE, APPELLANTS



Appeal from the Order of the Court of Common Pleas, Somerset County, Civil Division, at No. 95 Civil 1982.

COUNSEL

Joseph B. Policicchio, Somerset, for appellants.

William R. Carroll, Somerset, for appellees.

Brosky, Rowley and Popovich, JJ. Rowley, J., concurs in the result.

Author: Brosky

[ 359 Pa. Super. Page 170]

This appeal is from an Order denying appellants' exceptions to a decree nisi, and making that decree final, which decree called for specific performance of a land sales contract entered into by appellants and appellees.

Appellants raise several issues on appeal which deal with the propriety of allowing the admission of parol evidence to explain circumstances before, during, and after the formation of the contract; the correctness of the findings of the trial court; and the propriety of entering specific performance in this case.

We have reviewed the record and briefs of counsel and find that no reversible error was committed in the entry of the contested order. Accordingly, we affirm the order of the trial court.

[ 359 Pa. Super. Page 171]

We note initially that there exists some disparity or conflict in the factual representations of the parties involved. However, certain facts are uncontested. Sometime prior to September 13, 1978, appellants, the Hostetlers, were approached by appellees, the Turners, in regard to purchasing property from them. The Hostetlers had been interested in selling a two acre tract which had been the subject of a survey for the purposes of such a sale. A land sales contract was drawn up by an attorney named Roy Ogburn, which set forth the terms of the purchase of the two acre tract, and which allowed an option to purchase eight additional acres at a price of $1,000 per acre payable in $2,000 yearly installments, starting two years after the signing of the contract.

The contract provided "[t]he said eight acres shall be contiguous to and shall lie generally south and west of the two acre parcel. The exact boundary lines of the said eight acres shall be determined by mutual agreement of the parties." The Turners took possession of the two acre tract, which included a dwelling, and began making substantial improvements thereto. Later disputes arose regarding the extent of a right-of-way (which was also conveyed to the Turners), the location of the additional eight acres, and other obligations under the contract. The result of the disputes brought the parties to court in equity upon a request for specific performance of the contract.

Testimony at the non-jury trial was conflicting. Appellees' testified that, after some discussion, appellant's agreed to sell appellees 10 acres. Appellees further testified that the contract was drawn as it was to utilize the two acre survey which had already been completed; and that the so-called eight acre "option" was an extension of the two acre tract as defined by natural borders, such as fences, tree lines and the like. Appellees also testified that although some concern arose over the wording in the memorandum when it was presented to them, ...


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