Orlowski v. Moore

181 A.2d 692 (1962)

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Orlowski v. Moore

Pennsylvania Superior Court
181 A.2d 692 (1962)

  • Written by Mary Pfotenhauer, JD

Facts

The Moores (defendants) offered their property for sale, but were unable to find a buyer. Several months later, they rented the property to Orlowski (plaintiff). The lease gave Orlowski a first right of refusal on the property. Before the lease was signed, the Moores informed Orlowski that they intended to sell the property as soon as they found a suitable buyer. The Apollo Trust Company (Apollo) (defendant) offered to purchase the property. The Moores told Orlowski they would sell to Apollo unless Orlowski exercised his first right of refusal. After missing several months of rent payments, Orlowski told the Moores that he was unable to get a loan to purchase the property, but would keep trying. The Moores sold the property to Apollo several weeks later. Orlowski sued the Moores and Apollo for specific performance on a contract to sell the property. The court of common pleas dismissed the action, and Orlowski appealed.

Rule of Law

Issue

Holding and Reasoning (Woodside, J.)

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