WILLIAMS, JR., J., June 26, 1972.
This is an action in equity for specific performance of a contract to sell real estate. After the pleadings were closed, defendants filed the present motion for summary judgment pursuant to Pennsylvania Rule of Civil Procedure 1035 on the basis that the contract, if any, was oral and that the receipt for the down money is an insufficient memorandum of the contract under the statute of frauds to enable plaintiffs to recover.
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