LARKIN v. METZ


398 Pa.Super. 235 (1990)

580 A.2d 1150

William LARKIN and Dorothy Larkin, his Wife, Appellants, v. Richard J. METZ, in his Capacity as Executor of the Estate of Charles Metz, and Anna Bruce and Donald Metz, Appellees.

Supreme Court of Pennsylvania.

Decided September 25, 1990.


Attorney(s) appearing for the Case

Robert L. Simmons, Pittsburgh, for appellants.

Mark Mansour, Asst. Public Defender, Greensburg, for appellees.

Before TAMILIA, KELLY and CERCONE, JJ.


KELLY, Judge:

In this appeal we are called upon to determine whether the trial court properly applied the Dead Man's Act in its granting of summary judgment in favor of the appellees by precluding both the appellants' oral testimony and written evidence as to the existence of a written contract, which was allegedly lost or stolen, for the sale of property between the appellants and the decedent. We find that the

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