DiBENEDETTO v. DiROCCO


372 Pa. 302 (1953)

DiBenedetto, Appellant, v. DiRocco.

Supreme Court of Pennsylvania.

January 5, 1953.


Attorney(s) appearing for the Case

Jacob S. Richman, with him Philip Richman and Richman & Richman, for appellant.

Samuel B. Brodsky, with him Alexander Brodsky and Brodsky & Brodsky, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, January 5, 1953:

In this action for specific performance of a contract for the sale of real estate the court below — in our opinion erroneously — held that the agreement was lacking in mutuality of obligation; accordingly it sustained preliminary objections and dismissed plaintiff's bill in equity.

In the written agreement between the parties, dated March 11, 1949, defendants, the owners of premises...

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