BLOSHINSKI v. FALAZ


168 Pa.Super. 565 (1951)

Bloshinski, Appellant, v. Falaz.

Superior Court of Pennsylvania.

April 10, 1951.


Attorney(s) appearing for the Case

Joseph A. Mulhern, with him M.J. Mulhall, for appellants.

Fredric R. Gallagher, with him Louis Geo. Feldmann, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.


OPINION BY HIRT, J., April 10, 1951:

In this equity proceeding, brought by plaintiffs for the specific performance of a written agreement for the sale of land, the lower court sustained the defendant's preliminary objections and dismissed the bill. The court concluded that defendant properly had rescinded the contract since time was of its essence and plaintiffs had defaulted in the payments of purchase money stipulated therein. In our view plaintiffs' bill together...

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