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HAGOPIAN v. ESKANDARIAN. (07/02/59)

July 2, 1959

HAGOPIAN, APPELLANT,
v.
ESKANDARIAN.



Appeal, No. 11, Jan. T., 1959, from decree of Court of Common Pleas of Bucks County, May T., 1954, No. 1, in case of Harry Der Hagopian v. Khatoun Z. Eskandarian et al. Decree affirmed; reargument refused September 9, 1959. Equity. Before SATTERTHWAITE, J. Decree entered dismissing complaint. Plaintiff appealed.

COUNSEL

William R. Cooper, with him William F. Heefner, for appellant.

Donald B. Smith, for appellees.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

Author: Bok

[ 396 Pa. Page 402]

OPINION BY MR. JUSTICE BOK

This is plaintiff's appeal from a decree that his complaint in equity be dismissed.

The following events form the skeleton of the case:

February 27, 1930, property in Telford, Bucks County, was purchased, in half interests, from Charles C. Goessler and title was taken in the names of Khatoun Z. Eskandarian, wife of Mihran, and Louis Der Hagopian, brother of plaintiff, as straws for plaintiff and the Eskandarians;

April 1, 1930, an option lease was executed by the title holders of the property to plaintiff, giving him the right to buy the Eskandarian interest for $750 within ten years;

July 13, 1935, plaintiff signed an agreement to sell his half interest to the Eskandarians, retaining part of the back property;

September 3, 1935, after bargaining, plaintiff signed another agreement, in place of that of July 13, with, among other things, a 20-year lease under which he could move his bungalow on to part of the land;

[ 396 Pa. Page 403]

November 14, 1935, plaintiff, who was under disability from the First World War, was committed to Allentown State Hospital and later transferred to the Veterans' Administration Hospital at Coatesville, whence he was discharged on November 3, 1936;

November 19, 1935, deeds from Louis and Rose to a straw and by the straw to the Eskandarians having been signed, settlement was held on the September 3rd agreement, and a lease was signed for fifteen years as ...


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