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MERRIAM v. CEDARBROOK REALTY, INC.

266 Pa.Super. 252 (1978)

404 A.2d 398

John W. MERRIAM v. CEDARBROOK REALTY, INC. and Witchwood, Inc. and Cedarbrook Joint Venture, Defendants, Merrill Taub and Anthony H. Harwood, Trustees for Institutional Investors Trust, Intervenor and the Fidelity Bank, Intervenor. Appeal of Merrill TAUB and Anthony H. Harwood, Trustees for Institutional Investors Trust, Intervenor.

Superior Court of Pennsylvania.

Decided December 29, 1978.

Petition for Allowance of Appeal Granted April 17, 1979.

Attorney(s) appearing for the Case

Henry W. Sawyer, III, Philadelphia, for appellants.

Jeffrey A. Less, Philadelphia, for appellee, John W. Merriam.

Alfred H. Wilcox, Philadelphia, for appellee, The Fidelity Bank.

Before JACOBS, President Judge, and CERCONE and LIPEZ, JJ.

JACOBS, President Judge:

This appeal arises from the order of the court below dismissing the petition of Institutional Investors Trust (IIT) for a stay of execution against two tracts of land. Appellant contends that execution against the two land parcels is expressly prohibited by the terms of a written participation agreement between IIT and plaintiff's assignor. The lower court held that the agreement expired by its own terms on February 15, 1977, and consequently...

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