would not be carried to the extent of complete recision and refund.
The tenor of the plaintiffs' affidavits indicates that the defendants promised only to hear their grievances. In the McCombs' affidavit (para. 9) they note that at the June 15, 1972 meeting no progress was made -- "we could get no commitments from the representatives of the defendants . . . ." A June 5, 1972 phone call to the President of AMREP from Mrs. McCombs resulted in his flat refusal to even answer her questions (para. 7).
The Melhorn's affidavit indicated (para. 5) that at meetings in late 1971 and early 1972, "we were informed that there would be no refund and that the defendants would not guarenty [sic] to resell the lots."
The Benchoff's affidavit notes (para. 5) that as early as November 1971, "we were informed that there would be no such thing as resale of the lots by the defendant."
The Grundy's affidavit shows that on August 8, 1972 (six days after the statute expired), the defendants' agents said there existed "a possibility" of resale of the lots or reduction of the number. The plaintiffs note that in October, two months after expiration of the statute, the Grundys entered into a "cutback" agreement. The plaintiffs find the October agreement significant in showing inequitable conduct on the part of the defendants. We do not. It merely establishes that the defendants, no longer subject to timely suit, nevertheless granted the Grundys a reduction in their obligation. The instant situation is wholly distinct from RELIANCE INSURANCE, supra, in which a defendant waits until expiration of the statute, then "breaks off negotiations and denies liability . . . ." 436 F.2d, at 1370.
We conclude from the preceding evidence that the plaintiffs were not wrongfully induced to delay suit, but rather unwisely held out hope of settlement too long. The evidence does not, as a matter of law, estop the defendants from interposing the statute of limitations as a defense. The statute having run its course, the defendants' motion for summary judgment will be granted.
The plaintiffs' claims,
whatever their merit, are being disposed of today on a purely procedural basis. Regrettably, the opportunity for the redress sought might have been preserved had the plaintiffs timely sought the advice of counsel.
This decision is limited to the issue of equitable estoppel and in no way reaches the merits of claims raised by the plaintiffs now before the Pennsylvania Real Estate Commission and Court of Common Pleas of York County.
An appropriate order will be entered.