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ELLIOTT-ROWLAND CORP. v. ARCWAY REALTY CO. (11/16/55)

November 16, 1955

ELLIOTT-ROWLAND CORP.
v.
ARCWAY REALTY CO., INC., APPELLANT.



Appeal, No. 257, Oct. T., 1955, from order of Municipal Court of Philadelphia County, Sept. T., 1954, No. 789, in case of Elliott-Rowland Corp. v. Arcway Realty Co., Inc. Order affirmed.

COUNSEL

Donald S. Waters, for appellant.

Robert b. Wolf, with him Leon Solis-Cohen, Jr., Daniel C. Cohen, and Wolf, Block, Schorr & Solis-Cohen, for appellee.

Before Rhodes, P.j., Hirt, Ross, Wright, Woodside, and Ervin, JJ. (gunther, J., absent).

Author: Woodside

[ 180 Pa. Super. Page 100]

OPINION BY WOODSIDE, J.

This is an action in assumpsit to recover the purchase price of certain machinery and equipment sold and delivered by the plaintiff to the defendant for an agreed price of $500. The defendant claims it is not liable because of an oral release.

The following facts, about which there seems to be no dispute, are important as background to an understanding of the matters before us.

A written lease for a portion of certain premises in Philadelphia was executed by the defendant as lessor

[ 180 Pa. Super. Page 101]

    and the plaintiff as lessee on January 12, 1950 for a term of five years.

In May 1953 the parties carried on negotiations relating to the termination of the lease.*fn1 The defendant wrote a letter to the plaintiff dated May 14, 1953 containing inter alia the following:

"This will confirm my conversation with you today when I advised you that it had been agreed between the parties that the leases between Arcway Realty Co., as lessor, and Elliott-Rowland Corp., as lessee, shall be terminated as of midnight on May 31, 1953, and that the lessee shall vacate the leased premises as of that date. It was further agreed that upon the lessee's vacation and surrender of the leased premises in accordance with ...


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