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IDEAL DEVELOPMENT CO. v. COSTELLO

Civ. A. No. 27226.

217 F.Supp. 365 (1963)

IDEAL DEVELOPMENT CO. v. Louis B. COSTELLO, Peter E. Costello and Howard D. King.

United States District Court E. D. Pennsylvania.

May 9, 1963.

Attorney(s) appearing for the Case

White & Williams, LeRoy E. Perper, Philadelphia, Pa., Herbert Semmel, New York City, of counsel, for plaintiff.

Henderson, Wetherill & O'Hey, Norristown, Pa., Knox Henderson, Norristown, Pa., for defendants.

JOSEPH S. LORD, III, District Judge.

Defendants in this action for damages for breach of a contract to purchase real estate have moved for summary judgment on two grounds. Firstly, they contend that a novation relieved them of personal liability under the contract, it having been contemplated that defendants would form a corporation which would assume all obligations. The contract does not in haec verba relieve defendants of liability, and supporting affidavits...

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