OPINION BY GUNTHER, J., March 24, 1960:
This appeal is from the order of the Municipal Court of Philadelphia County discharging appellant's rule to stay issuance of execution on a judgment entered against him. Appellees, Alex Merola and Anna Merola, instituted an action in assumpsit against appellant, Michael A. Luongo, as principal, and Francis X. Daly, as agent, to recover the sum of $350.00 paid as deposit for the purchase of certain real estate. The case was referred...
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