ZACH v. BAK ET UX.


83 Pa. D. & C. 119 (1952)

Zach v. Bak et ux.

Common Pleas Court of Philadelphia County, Pennsylvania.

September 12, 1952.


Attorney(s) appearing for the Case

James F. Swartz, for plaintiff.

Joseph Bak, for defendants.


FLOOD, J., September 12, 1952.

Plaintiff's bill seeks specific performance of an oral promise to give a mortgage on defendants' home as security for loans made by plaintiff in the amount of $2,000. Defendants filed preliminary objections interposing the statute of frauds as to realty: Act of March 21, 1772, 1 Sm. L. 389, 33 PS § 1.

Thus is raised a question which has never been directly decided in any reported case in Pennsylvania: whether the statute...

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