DAINELS CO., CONT., INC. v. NEVLING


385 Pa. 276 (1956)

The Daniels Company, Contractors, Inc., Appellant, v. Nevling.

Supreme Court of Pennsylvania.

May 21, 1956.


Attorney(s) appearing for the Case

Carl A. Belin, for appellant.

Robert V. Maine, with him William T. Davis and Nevling & Davis, for appellee.

Before STERN, C.J., JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION PER CURIAM, May 21, 1956:

The sole question in this case is whether an additional provision in a written contract for the sale and purchase of a coal-washing machine (which was constructed, accepted and paid for) constituted an option or a definite undertaking on the part of the buyer to purchase two additional machines within a specified period. The learned court below, in an opinion to which we can add nothing, construed the provision to be an option, which...

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