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F.W. WISE CO., INC. v. BEECH CREEK R.R. CO.

437 Pa. 389 (1970)

F.W. Wise Company, Inc. v. Beech Creek Railroad Company et al., Appellants.

Supreme Court of Pennsylvania.

March 20, 1970.

Attorney(s) appearing for the Case

Paul Silberblatt, with him Bell, Silberblatt & Swoope, for appellants.

William W. Litke, with him John Gates, and Litke, Gettig, Flood & Geiser, for appellee.

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

OPINION BY MR. JUSTICE POMEROY, March 20, 1970:

Plaintiff-appellee (Wise) sued the three railroad company defendants, all part of The New York Central System (herein collectively referred to as "the Railroad") jointly for damages for breach of an alleged contract to sell to Wise for the sum of $15,000 certain real estate owned by the Railroad in the Borough of Clearfield, Pennsylvania, and not needed for railroad purposes ("the property"). The defenses of the Railroad...

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