Orlowski v. Moore – Case Brief
Orlowski v. Moore, 181 A.2d 692 (Pa. Super. 1962).
Case Summary
Facts: Moore and her husband (D) offered a piece of real property for sale for $5,500 but could not find a buyer. Moore leased the property to Orlowski (P) for one year at $35 per month. Orlowski was given the first chance to buy the property in case of a sale. Four months later Apollo offered to buy the property for $5,000 and D notified P that they would sell the property to Apollo unless P exercised his right of first purchase. One month later P told D that he had been unable to secure a loan for the amount but that he would continue to try. D nevertheless sold the property to Apollo. P then notified D that he had secured the purchase money before D had transferred title to Apollo.
P sued D and requested specific performance. The trial court dismissed the complaint and P appealed.
Issue: How much time does a party have to perform an act if no time is specified in the contract?
Holding and Rule: If no time is specified for the performance of an act, the law implies that it be done within a reasonable time. What is a reasonable time depends entirely upon the circumstances of each case. P knew that D was trying to sell the property for well over a year and that D was losing money on the property. P had paid the rent late for two consecutive months and had had trouble securing a loan; therefore D was reasonably led to believe that it would be impossible for him to exercise his right given him in the lease. The court held that the notice under these facts was reasonable.
Disposition: Affirmed.
Notes: Options contracts are normally strictly enforced as to their exact terms. Here there was an option that did not have a definite duration.