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ALBERT v. SCHENLEY AUTO SALES, INC.

375 Pa. 512 (1953)

Albert v. Schenley Auto Sales, Inc., Appellant.

Supreme Court of Pennsylvania.

November 24, 1953.

Attorney(s) appearing for the Case

Samuel M. Rosenzweig, for appellant.

Samuel J. Goldstein, for appellees.

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

OPINION BY MR. JUSTICE BELL, November 24, 1953:

Plaintiffs brought an action of assumpsit to recover damages for alleged breach of a written contract to purchase certain real estate. Defendant filed an answer denying the breach and asserted a counterclaim for damages for failing to give a deed to all the property described in the agreement of sale.

The agreement of sale entered into between the parties on February 9, 1949, contains a description of the

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