Appeal, No. 319, Oct. T., 1958, from judgment of Municipal Court of Philadelphia, Sept. T., 1957, No. 1345, in case of Paul N. Isenbergh v. Forrest B. Fleisher. Judgment affirmed.
F. C. Fiechter, Jr., for appellant.
Herbert Fineman, with him Fineman & Fineman, for appellee.
Before Rhodes, P.j., Hirt, Wright, Woodside, Ervin, and Watkins, JJ. (gunther, J., absent).
[ 188 Pa. Super. Page 100]
In this action of assumpsit, tried before a judge without a jury, the plaintiff sought damages for the alleged breach of a contract for the sale of real estate.
[ 188 Pa. Super. Page 101]
A real estate broker, Dirk Slentz, showed the house, which was a furnished sample house, to plaintiff and his wife and introduced them to the defendant, who was the title owner. The sample house was one of a number of houses constructed or being constructed by defendant and Herman Glazer, his partner. On Friday afternoon, August 24, 1956, the defendant, Forrest B. Fleisher, had some discussion with the plaintiff as to the sale of the house. The defendant wanted $26,250.00 for the house and furnishings. The plaintiff offered $25,500.00. Defendant testified that he told them he would submit that price and let them know whether a sale would take place. Then the plaintiff paid a deposit of $100.00 in cash and received the following "Sale Deposit Receipt":
"No. 2022 - Sale Deposit Receipt
Printed and sold by Yeo & Lukens, Phila.