AUEN v. DiCESARE


266 Pa.Super. 347 (1979)

404 A.2d 1324

Stanley AUEN, Appellant, v. Patrick J. DiCESARE.

Superior Court of Pennsylvania.

Decided May 23, 1979.


Attorney(s) appearing for the Case

Thomas A. Himler, Jr., Latrobe, for appellant.

Ira R. Mazer, Monroeville, for appellee.

Before JACOBS, President Judge, and HOFFMAN, CERCONE, PRICE, VAN der VOORT, SPAETH and HESTER, JJ.


PRICE, Judge:

The action in the court below was brought by appellant to compel specific performance of a sale of land contract. The court denied specific performance and ordered appellee to return to appellant the down payment plus interest, and reimburse him for the expense of a survey of the land. For the reasons stated herein, we reverse the order of the lower court.

The following facts are pertinent to this appeal. On September 5, 1974, the parties entered...

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