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ROSEN v. EMPIRE VALVE AND FITTING

381 Pa.Super. 348 (1989)

553 A.2d 1004

Irvin ROSEN and Sunny Rosen, H/W, Appellants, v. EMPIRE VALVE AND FITTING, INC. and Paul Silver, Appellees.

Supreme Court of Pennsylvania.

Filed February 6, 1989.

Attorney(s) appearing for the Case

Arthur S. Cavaliere, Philadelphia, for appellants.

Harold Rosenthal, Philadelphia, for Empire, appellee.

Paul Silver, Philadelphia, propria persona.

Before CIRILLO, President Judge, and WIEAND and McEWEN, JJ.

WIEAND, Judge:

In this action to recover the down payment made by purchasers of real estate, the trial court sustained preliminary objections in the nature of a demurrer and dismissed the complaint. The issue to be decided on appeal is whether the provisions of the contract permit a recovery of the down payment where a mortgage commitment, once issued, was later withdrawn.

On November 4, 1986, appellants...

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