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BERGER v. SILLIMAN (06/27/69)

SUPREME COURT OF PENNSYLVANIA


decided: June 27, 1969.

BERGER, APPELLANT,
v.
SILLIMAN

Appeal from decree of Court of Common Pleas of Carbon County, Jan. T., 1966, No. 3, in case of Joseph C. Berger v. Charles D. Silliman et ux.

COUNSEL

Arnold Sousa, with him Jacob Philip, and Philip & Wimmer, for appellant.

Sidney R. Webb, for appellee.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Roberts dissents and would grant specific performance against the appellee-wife on the grounds that the record clearly establishes that she acknowledged and ratified the written contract for the sale of the property.

Author: Per Curiam

[ 435 Pa. Page 630]

In this action for specific performance of a contract for the conveyance of real estate, the parties stipulated

[ 435 Pa. Page 631]

    that the only issue involved is whether the wife-appellee was a party to the agreement. The chancellor determined that she signed as a witness rather than a party and the record adequately supports this finding.

Decree affirmed at appellant's costs.

Disposition

Decree affirmed.

19690627

© 1998 VersusLaw Inc.



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