CHORBA v. DAVLISA ENTERPRISES, INC.


303 Pa.Super. 497 (1982)

450 A.2d 36

Michael F. CHORBA, John Stahl, Kay Cadden and Carmen Stambone, Jr., Administrators of the Estate of Carmen Stambone, Deceased, Appellants, v. DAVLISA ENTERPRISES, INC.

Supreme Court of Pennsylvania.

Filed August 27, 1982.


Attorney(s) appearing for the Case

John J. Brazil, Scranton, for appellants.

Richard S. Bishop, Scranton, for appellee.

Before WIEAND, BECK and HOFFMAN, JJ.


WIEAND, Judge:

In this equity action the administrators of the Estate of Carmen Stambone, deceased, requested a decree compelling Davlisa Enterprises, Inc. (hereinafter sometimes "Davlisa") to convey lands which were the subject of an alleged agreement of sale between Davlisa's grantor, Pennsylvania Coal Co., and Carmen Stambone. The trial court sustained preliminary objections in the nature of a demurrer and dismissed the complaint. We reverse.

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