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F.J. ESSIG & CO. v. CENTRAL-PENN NAT. BK.

417 Pa. 578 (1965)

Frederick J. Essig and Company, Appellant, v. Central-Penn National Bank.

Supreme Court of Pennsylvania.

April 20, 1965.

Attorney(s) appearing for the Case

Robert P. Garbarino, with him Arthur J. Kania, and Crumlish and Kania, for appellant.

George M. Brodhead, with him Arno P. Mowitz, Peter C. Paul, and Mowitz & Kohlhas, and Rawle & Henderson, for appellee.

Charles Polis, with him Polis & Polis, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, April 20, 1965:

On November 27, 1963, Paul Dreher of Philadelphia died, leaving a will which appointed the Central-Penn National Bank of Philadelphia executor of his estate. Among the assets of the estate was a quantity of unmounted gems and precious stones which the executor bank announced for sale to the highest bidder. The invitation to bid stated: "In the event that there are two or more top bids rather close to each other, we...

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