EXTEIN v. KINCUS


165 Pa.Super. 591 (1949)

Extein v. Kincus, Appellant.

Superior Court of Pennsylvania.

November 22, 1949.


Attorney(s) appearing for the Case

Manfred Landau, with him Romain C. Hassrick, for appellant.

Albert S. Oliensis, with him A. Allan Goodman, for appellee.

Before RHODES, P.J., HIRT, DITHRICH, ROSS, ARNOLD and FINE, JJ. (RENO, J., absent).


OPINION BY FINE, J., November 22, 1949:

Samuel Extein, appellee, instituted a suit in assumpsit against Herman Kincus, appellant, seeking the return of $2,500 representing a down payment made under an oral agreement for the purchase of appellant's taproom business. An answer was filed denying the material averments and the matter proceeded to trial before a judge without a jury who after hearing found for the plaintiff for the full amount. At the conclusion of the...

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