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EASTGATE ENTERP. v. BK. & TR. CO.

236 Pa.Super. 503 (1975)

Eastgate Enterprises, Inc., Appellant, v. Bank and Trust Company of Old York Road.

Superior Court of Pennsylvania.

September 22, 1975.

Attorney(s) appearing for the Case

Charles J. King, Jr., with him Rogers, King & Daniels, for appellant.

Philip D. Weiss, with him McTighe, Brown, Weiss, Bonner & Stewart, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, and SPAETH, JJ. (VAN DER VOORT, J., absent).

OPINION BY SPAETH, J., September 22, 1975:

This is an action in assumpsit to recover certain costs and attorney's fees, which appellant (as plaintiff) claims it was required to pay appellee (as defendant) under duress. The complaint alleges: that appellant and appellee orally agreed that appellant would pay $110,000 for a certain piece of land, and in return appellee would forbear foreclosing on a mortgage on the land; that "[a]s a result of the foregoing [oral agreement...

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