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OREOVECZ v. MERICS (05/23/55)

May 23, 1955

OREOVECZ
v.
MERICS, APPELLANT.



Appeal, No. 141, Jan. T., 1955, from decree of Court of Common Pleas of Carbon County, April T., 1953, No. 1, in case of Joseph J. Oreovecz et ux. v. John Merics. Decree affirmed.

COUNSEL

James G. Kellar, with him Martin H. Philip, for appellant.

Albert H. Heimbach, with him Sidney R. Webb, for appellees.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Musmanno

[ 382 Pa. Page 57]

OPINION BY MR. JUSTICE MUSMANNO

This is an appeal from a decree to compel specific performance of an agreement for sale of real estate.

On December 29, 1952, the defendant John Merics, after a conversation with the father of Joseph J. Oreovecz, the husband-plaintiff, showed Joseph J. Oreovecz and Edith M. Oreovecz, his wife, the premises he had for sale, which he offered to sell for $4,000. On the following day, December 30th, Joseph Oreovecz advised Merics he accepted the offer. On December 31st both parties met in the office of Attorney Sidney

[ 382 Pa. Page 58]

R. Webb and signed an agreement of sale, Oreovecz giving Merics $100 as down payment to bind the bargain. It was also agreed that Oreovecz was to buy Merics' furniture for the sum of $500.

A week or two later Merics notified Oreovecz that he was unwilling to part with the property at the price agreed upon and sought to return to Oreovecz the down payment, offering to give also an additional $100. The plaintiff insisted on performance of their mutual commitments and made a valid tender of the purchase price under the terms of the agreement. Upon further refusal of the defendant to deliver the deed to the property, this action in equity was begun.

The defendant contended in the Court below that the agreement of sale was not binding because the defendant was drunk at the time of the signing, that he does not write or read English and that the consideration was inadequate.

It was testified that shortly before the execution of the agreement of sale the defendant had emptied several glasses of whiskey and beer, but there is no evidence that this consumption of alcohol had disturbed his mental processes any more than they may have been generally disturbed by alcohol since it would appear that he was a man of deep thirst. Furthermore, the transaction was not a hasty one admitting of no reflection. It was the defendant who initiated the proposition of the sale three days before the signing, it was he who took Oreovecz and his wife through the house exhibiting its attractions and extolling its merits. So satisfied was Merics with the intended sale and so adjusted was he to the anticipated separation from his house ...


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