STEWART v. TOMIS DEVELOPMENT CO.


315 Pa.Super. 63 (1983)

461 A.2d 636

T. Dale STEWART and Letitia Stewart, His Wife; John F. Kane, Jr., and M. Ruth Kane, His Wife; Hazel E. Kyle, A Widow; and Charles W. Stewart and Anna M. Stewart, His Wife, v. TOMIS DEVELOPMENT COMPANY, Appellant.

Supreme Court of Pennsylvania.

Filed June 10, 1983.

Petition for Allowance of Appeal Denied September 30, 1983.


Attorney(s) appearing for the Case

David M. Priselac, Pittsburgh, for appellant.

Dennis N. Persin, Greensburg, for appellees.

Before ROWLEY, MONTEMURO and VAN der VOORT, JJ.


VAN der VOORT, Judge:

Appellees sold a 187.062 acre tract of undeveloped land in Westmoreland County to appellant for $250,000; $50,000 was paid in cash and the balance of $200,000 by a purchase money mortgage with interest at 6%. The principal of the mortgage was to be paid in fifteen (15) yearly installments of $13,333.33.1

The original agreement of sale dated April 27, 1972, provides that the:

[p]urchase money mortgage...

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