KALINA v. ECKERT


345 Pa.Super. 220 (1985)

497 A.2d 1384

Leonard J. KALINA, Appellant, v. Melvin L. ECKERT and Mildred E. Eckert, Appellees.

Supreme Court of Pennsylvania.

Decided August 2, 1985.

Reargument Denied October 9, 1985.


Attorney(s) appearing for the Case

David C. Keiter, York, for appellant.

John D. Miller, Jr., York, for appellees.

Before WICKERSHAM, WIEAND and DEL SOLE, JJ.


WIEAND, Judge:

In this action in equity to enforce an agreement for the sale of real estate, the trial court entered a summary judgment in favor of the sellers. The buyer, the court held, had forfeited his rights under the agreement of sale because a formal mortgage commitment had been obtained two days after the date required by the agreement.1 We reverse.

In determining whether...

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