Appeal, No. 15, May T., 1957, from order of Court of Common Pleas of Dauphin County, March T., 1953, No. 260, in case of Anthony Ferrar, administrator of the estate of Albert Ferrar, deceased, v. Ray E. Steward. Order affirmed.
Earl V. Compton, with him Compton, Handler & Berman, for appellant.
Martin H. Lock, for appellee.
Before Jones C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.
In 1949, the defendant, Steward, was the record owner of a cemetery known as the Fairview Memorial Estate. In the same year, Albert Ferrar, now deceased, paid Steward the sum of $10,000 as a part-payment on the purchase of the cemetery, and accepted from Steward the following instrument:
"This will acknowledge receipt of sum of ten thousand [10,000.00) dollars as a payment on account of the purchase of Fairview Memorial Estate and should you not want to make this purchase I will refund this money to you. At the end of six months if you have made no further payments on account of this purchase
of the Fairview Memorial Estate I am to have the privilege of ...