Appeal, No. 180, Jan. T., 1960, from judgment of Court of Common Pleas of Berks County, April T., 1954, No. 156, in re petition of Governor Mifflin Joint School Authority for appointment of viewers to assess damages resulting from its condemnation of certain lands of W. Marshall Hughes & Son, Inc. Judgment reversed.
Leon Ehrlich, with him Irwin Kins, for appellant.
Paul H. Edelman, with him Paul D. Edelman, for appellee.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE EAGEN
This action, tried in the court below without a jury, involved an appeal from an award of viewers in eminent domain proceedings. Exceptions to the court's decree were concerned only with the conclusions of law, the facts not having been in serious dispute. Said exceptions were dismissed and this appeal followed.
In June, 1952, W. Marshall Hughes submitted the highest bid for four hundred forty-four acres of land exposed at public sale by the Institution District of Berks County. An agreement of sale was drawn up and later approved by the quarter sessions court. On September 26, 1952, a deed of conveyance was delivered and recorded. The grantee in the deed was W. Marshall Hughes & Son, Inc.
On September 12, 1952, W. Marshall Hughes and his wife, Margaret, entered into a written agreement with Harry M. Synes, appellant, with reference to a proposed subsequent purchase by Synes of approximately fifteen acres of this same plot. While it appeared that Synes negotiated in an individual capacity, he did, in fact, represent an undisclosed principal, his employer, Food Fair Stores, and he intended to assign later all of his interest in the agreement to his principal.
This contract, designated "Agreement of Sale," specified a purchase price in the amount of $60,000; $9000
thereof to be paid upon the signing of the agreement, the balance to become due upon final settlement.
The land involved was subject to borough zoning regulations restricting its use to residential purposes only. The parties agreed to exert their best joint efforts to cause these zoning regulations to be lifted so as to permit the erection on the land of a large retail super-market and adjacent parking lot. It was at all times mutually understood that the ...