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SCHWARTZ v. ROCKEY

No. 90 WAL 2006

908 A.2d 267 (2006)

RICHARD H. SCHWARTZ AND MELANIE A. SCHWARTZ, HUSBAND AND WIFE, Respondents v. WILLIAM R. ROCKEY AND CONNIE M. ROCKEY, HUSBAND AND WIFE, Petitioners v. HOLLY CORACE AND HOWARD HANNA COMPANY, Respondents

Supreme Court of Pennsylvania, Western District.

Decided: September 6, 2006.

ORDER

PER CURIAM

AND NOW, this 6th day of September, 2006, the Petition for Allowance of Appeal is hereby GRANTED, limited to the following:

a. Did the Superior Court misapply the law of election of remedies and therefore incorrectly hold that the trial court misapplied the law when it held that the Plaintiffs were not entitled to rescission because they had effectively affirmed the contract?

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