Appeal from order of Court of Common Pleas of Fayette County, June T., 1966, No. 524, in case of Halgus Land Company v. Robert Denzil Holt.
Myron W. Warman, with him Philip T. Warman, and Warman & Warman, for appellant.
Thomas A. Waggoner, for appellee.
Wright, P. J., Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. (Watkins, J., absent.) Concurring and Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this concurring and dissenting opinion.
[ 224 Pa. Super. Page 104]
The six judges who heard this appeal being equally divided the order is affirmed.
Concurring and Dissenting Opinion by Hoffman, J.:
The appellee purchased the property of the appellant at a tax sale subsequently held to be invalid. In this appeal, we must decide whether error was committed in fixing the liabilities of the parties with regard to the property in question.
On October 16, 1964, appellee purchased the property at a tax sale for a consideration of $2500.00. Following the sale, William T. Guseman, president of the appellee-corporation, informed appellant of the purchase and advised him that he could repurchase the
[ 224 Pa. Super. Page 105]
property for the same consideration plus any costs expended by appellee incident thereto. Approximately a month later, appellant came to see Guseman and inquired whether he could still buy the property. Appellee repeated the same offer. On March 19, 1965, the Tax Claim Bureau executed and delivered to the appellee its deed for the property, which was duly recorded. On April 6, 1965, appellee's attorney informed appellant in writing that the tax deed had been received and that unless he heard from him within one week, appellee intended to take possession of the property. In May of 1965, appellant informed Guseman that he intended to accept ...