Appeal Nos. 273, 290 and 291 January Term, 1974, from the Decree of the Court of Common Pleas of Philadelphia at Nos. 130, 666 and 793 April Term, 1968; Herbert S. Levin -- Harry A. Takiff -- George J. Ivins, Judges.
Perry S. Bechtle, Richard M. Squire, Harold Greenberg, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, for appellant.
Nathan L. Posner, Fox, Rothschild, O'Brien & Frankel, Donald Brown, Philadelphia, for appellee.
Jones, C. J., and Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Roberts, J., filed a dissenting opinion.
Decree affirmed. Appellant to bear costs.
I dissent. In my view, the chancellor's adjudication was based on a proper construction of the contract as providing for offsets against the purchase price to the extent of the overstatement of the net worth of Hilco in the balance sheet dated December 31, 1964, as demonstrated by the failure of specified assets, upon their liquidation, to realize cash in an agreed amount. I would vacate the decree of the court en banc and reinstate the decree of the chancellor.