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De JOSEPH v. ZAMBELLI

392 Pa. 24 (1958)

De Joseph v. Zambelli, Appellant.

Supreme Court of Pennsylvania.

March 17, 1958.

Attorney(s) appearing for the Case

Frederick B. Smillie, with him Smillie, Bean, Davis & Tredinnick, for appellants.

Thomas J. Burke, with him Haws & Burke, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, JONES and COHEN, JJ.

OPINION PER CURIAM, March 17, 1958:

A Chancellor who saw and heard all the witnesses decreed a rescission of a contract of purchase and a recovery of the purchase price on the ground of fraud and misrepresentation.

In Howarth v. Miller, 382 Pa. 419, 115 A.2d 222, the Court, quoting from Peters v. Machikas, 378 Pa. 52, 56, 105 A.2d 708, said (page 424): "`Findings of fact [which are...

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