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RYKACZEWSKI v. KERRY HOMES, INC.

192 Pa.Super. 461 (1960)

Rykaczewski v. Kerry Homes, Inc., Appellant.

Superior Court of Pennsylvania.

June 15, 1960.

Attorney(s) appearing for the Case

M. Carton Dittmann, Jr., with him Edward C. Bauer, Jr., Manus McHugh, and Ballard, Spahr, Andrews & Ingersoll, for appellant.

Robert W. Tredinnick, with him Smillie, Bean, Davis & Tredinnick, for appellees.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.

OPINION BY GUNTHER, J., June 15, 1960:

The jury in this case returned a verdict for plaintiffs. Defendant corporation filed this appeal from a refusal of motions for judgment n.o.v. and for a new trial.

This appeal arises out of a suit in assumpsit upon a written agreement for the purchase of a home; the agreement was prepared and executed by Hilltop Realty Company as agent for seller. The contract provided that all deposit monies be held in a separate escrow...

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