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RUTH L. DORSCH AND WILLIAM C. DORSCH v. EVELYN G. JENKINS. THOMAS J. KALYVAS AND PENNY KALYVAS (11/22/76)

decided: November 22, 1976.

RUTH L. DORSCH AND WILLIAM C. DORSCH, HER HUSBAND, APPELLANTS,
v.
EVELYN G. JENKINS. THOMAS J. KALYVAS AND PENNY KALYVAS, HIS WIFE, APPELLEES, V. EVELYN G. JENKINS, AN INDIVIDUAL, ET AL. APPEAL OF RUTH L. DORSCH AND WILLIAM C. DORSCH, HER HUSBAND



COUNSEL

Howard V. Heck, Pittsburgh, for appellants.

Harvey E. Schauffler, Jr., Pittsburgh, for appellee at No. 667.

Harvey E. Schauffler, Jr., Vincent J. Grogan, Grogan, Graffam, McGinley & Solomon, Pittsburgh, for appellee at No. 668.

Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Jacobs and Cercone, JJ., concur in the result.

Author: Price

[ 243 Pa. Super. Page 302]

These appeals are from a consolidated trial of two separate actions for specific performance and a single action

[ 243 Pa. Super. Page 303]

    to quiet title brought by different parties concerning a single piece of real estate. We will affirm the decree of the chancellor in part and reverse and remand in part.

The facts as found by the chancellor indicate that Evelyn G. Jenkins (Jenkins) owned a parcel of real estate located on Neuhardt Road, McCandless Township, Allegheny County, Pennsylvania. On January 2, 1970, Jenkins signed a sales agreement in which she contracted to sell the above real estate to Ruth L. Dorsch and William C. Dorsch (appellants in both appeals). Richard M. Kearns, a friend of appellants, prepared this agreement and signed as appellants' agent. Ruth L. Dorsch signed as a witness to Kearns' signature. Appellants gave Jenkins a check for $50.00 as a down payment on a total purchase price of $16,000.00. No definite closing date was agreed upon at this time.

On March 13, 1970, Jenkins returned the check to appellants with a letter attempting to cancel the agreement. Sometime later, in April or May of 1970, appellants heard that the property had been sold to a Mrs. Anthony Lozito. Appellants then secured the services of an attorney to protect their interests in the real estate. On May 22, 1970, this attorney wrote a letter to Jenkins informing her that appellants intended to enforce the contract and that a suit in equity would be filed. On May 25, 1970, appellants instituted an action in equity for specific performance against Jenkins at No. 1825 July Term, 1970, by filing a praecipe for a writ of summons. This writ was never served. The action at No. 1825 was appealed to our court at No. 667 April Term, 1975.

Appellants' attorney and an attorney for Jenkins attempted to reach an amicable settlement, but to no avail. Negotiations ceased early in November, 1970, with appellants' attorney advising them to "sit tight" and take no further action at that time.

On or about January 4, 1973, Jenkins entered into another contract to sell the same ...


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