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10 Pennsylvania opinions name it 5 courts 1919–2026 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Beattygreen1 sentence2026See 23 Pa.C.S. § 3321, Pa.R.Civ.P. 1920.91(3) (current and prior versions).6 Our Supreme Court explained that the rule was introduced to allow a hearing officer to hear certain partial custody matters but noted that “there is no similar provision . . . [for] primary physical custody issues” and reiterated that only “a trial ____________________________________________ 5 Credibility determinations are made by the “trier of fact who had the opportunity to observe the witnesses’ demeanor.” Commonwealth v. Beatty, 207 A.3d 957, 961 (Pa. Super. 2019) (citation omitted). 6 Both the prior and current | 1 | 1 |
DUBOIS DUTCH, LLC v. Guidogreen1 sentence2011“Specific performance is an equitable remedy allowing a court to compel performance of a contract where there exists in the contract an agreement between the parties as to the nature of the performance. . . .” DuBois Dutch, LLC v. Guido, 977 A.2d 1225, 1230 (Pa. Cmwlth. 2009). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kaminski v. Montgomery County Board of Assessment Appeals
green
1 sentence2005Kaminski v. Montgomery County Board of Assessment, 657 A.2d 1028 (Pa.Cmwlth.1995). . | 1 | 2005–2005 |
West Penn Realty Co. v. Acme Markets, Inc.
green
1 sentence1995Id. | 1 | 1995–1995 |
McArthur v. Rosenbaum Co. Of Pittsburgh
green
1 sentence1973In reconciling this ambiguity, the law does not give the defendant-tenant any advantage of interpretation : The law governing the interpretation of an option clause is as stated in McArthur v. Rosenbaum Co. of Pittsburgh, 180 F. 2d 617 (3d Cir. 1950), at page 619-20: “Ordinarily a clause in a contract cannot be disregarded if a reasonable meaning can be taken from it. | 1 | 1973–1973 |
Warner Co. v. Unemployment Compensation Board of Review
green
2 sentences1962However, even if we were to decide that it is at least doubtful if the retirement plan was optional, as was said in the Gianfelice Unemployment Compensation Case, 396 Pa. 545, 550 , 153 A. 2d 906 (1959) : “There is no doubt that the option clause is ambiguous; that is, it says neither (1) that Gianfelice must retire at age 68 only if the company affirmatively acts to invoke the clause, nor (2) that Gianfelice must retire and may continue only if he secures permission to do so from the company. 1962However, even if we were to decide that it is at least doubtful if the retirement plan was optional, as was said in the Gianfelice Unemployment Compensation Case, 396 Pa. 545, 550 , 153 A. 2d 906 (1959) : “There is no doubt that the option clause is ambiguous; that is, it says neither (1) that Gianfelice must retire at age 68 only if the company affirmatively acts to invoke the clause, nor (2) that Gianfelice must retire and may continue only if he secures permission to do so from the company. | 1 | 1962–1962 |
Betterman v. American Stores Co.
green
2 sentences1958Construing the letter, as we must, most strongly against the parties drafting it (Home Builders of Mercer County, Inc. v. Dellwood Corporation, 379 Pa. 255 , 108 A. 2d 731 , and Betterman v. American Stores Company, 367 Pa. 193 , 80 A. 2d 66 ), the only reasonable interpretation to be placed upon it is that it abrogated and terminated all provisions of the agreement, including the option clause. 1958Construing the letter, as we must, most strongly against the parties drafting it (Home Builders of Mercer County, Inc. v. Dellwood Corporation, 379 Pa. 255 , 108 A. 2d 731 , and Betterman v. American Stores Company, 367 Pa. 193 , 80 A. 2d 66 ), the only reasonable interpretation to be placed upon it is that it abrogated and terminated all provisions of the agreement, including the option clause. | 1 | 1958–1958 |
Home Builders of Mercer County, Inc. v. Dellwood Corp.
green
2 sentences1958Construing the letter, as we must, most strongly against the parties drafting it (Home Builders of Mercer County, Inc. v. Dellwood Corporation, 379 Pa. 255 , 108 A. 2d 731 , and Betterman v. American Stores Company, 367 Pa. 193 , 80 A. 2d 66 ), the only reasonable interpretation to be placed upon it is that it abrogated and terminated all provisions of the agreement, including the option clause. 1958Construing the letter, as we must, most strongly against the parties drafting it (Home Builders of Mercer County, Inc. v. Dellwood Corporation, 379 Pa. 255 , 108 A. 2d 731 , and Betterman v. American Stores Company, 367 Pa. 193 , 80 A. 2d 66 ), the only reasonable interpretation to be placed upon it is that it abrogated and terminated all provisions of the agreement, including the option clause. | 1 | 1958–1958 |
Dobkin v. Landsberg
green
1 sentence1949The general rule is that all clauses in an agreement of sale for real property are merged in a deed: Dobkin v. Landsberg, 273 Pa. 174, 183 . | 1 | 1949–1949 |
Kaufmann v. Liggett
green
1 sentence1925There is no effort here, as in most of the prior cases, to defeat the contract, for appellant admits that appellee has the right to a new term under the provisions of the original lease as changed by those of the option clause, and appellee desires to take advantage of that right, whatever it may be; the only question concerns the duration of the new term, and, as to this, the clause itself furnishes the key with sufficient precision to take the case out of the rules relied on by the court below; and also out of control of the rule that, “in construing provisions relating to renewals, where th | 1 | 1925–1925 |
Stetler v. North Branch Transit Co.
green
1 sentence1925There is no effort here, as in most of the prior cases, to defeat the contract, for appellant admits that appellee has the right to a new term under the provisions of the original lease as changed by those of the option clause, and appellee desires to take advantage of that right, whatever it may be; the only question concerns the duration of the new term, and, as to this, the clause itself furnishes the key with sufficient precision to take the case out of the rules relied on by the court below; and also out of control of the rule that, “in construing provisions relating to renewals, where th | 1 | 1925–1925 |
Hunter v. Johns
neutral
1 sentence1925There is no effort here, as in most of the prior cases, to defeat the contract, for appellant admits that appellee has the right to a new term under the provisions of the original lease as changed by those of the option clause, and appellee desires to take advantage of that right, whatever it may be; the only question concerns the duration of the new term, and, as to this, the clause itself furnishes the key with sufficient precision to take the case out of the rules relied on by the court below; and also out of control of the rule that, “in construing provisions relating to renewals, where th | 1 | 1925–1925 |
McDonald v. Columbian National Life Insurance
neutral
1 sentence1919Co., 253 Pa. 239 , also differs from the present since there the State law provided automatically for a paid-up life insurance policy for a certain amount in case of forfeiture for nonpayment of premium, without action by either of the parties, and the effort of the insured there was to have the policy reinstated under an option clause he had failed to exercise. | 1 | 1919–1919 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.