SPATZ v. NASCONE


283 Pa.Super. 517 (1981)

424 A.2d 929

David SPATZ, Si Richard Wynn, Howard R. Slater, and Donald A. Kahan, d/b/a Orchard Park Associates, a joint venture, Appellants, v. Frank J. NASCONE and Frank J. Zappala, Jr.

Superior Court of Pennsylvania.

Filed January 16, 1981.


Attorney(s) appearing for the Case

Michael K. Wolf, Chicago, Ill., for appellants.

Walter T. McGough, Pittsburgh, for appellees.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


SPAETH, Judge:

This is an appeal from an order dismissing appellants' action in assumpsit and rescinding the agreement of sale between appellants and appellees. The case was tried before a judge sitting without a jury.

Appellants are a group of investors from Chicago, Illinois, who own property in Orchard Park, New York, as a joint venture called Orchard Park Associates. Appellees are Frank Zappala, an attorney, and Frank Nascone, a real estate developer....

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