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A. CLYDE BEDILLION AND MARY BEDILLION v. W. A. WILSON STAVE COMPANY (10/26/79)

filed: October 26, 1979.

A. CLYDE BEDILLION AND MARY BEDILLION, HIS WIFE
v.
W. A. WILSON STAVE COMPANY, INC. AND M. F. WILSON AND DANA WILSON, APPELLANTS



No. 1063 April Term 1978, Appeal from the Final Decree entered June 2, 1978 of the Court of Common Pleas of Greene County, Pa., Civil Division, at No. 219 August Term, 1975-in Equity.

COUNSEL

James Hook, Waynesburg, for appellants.

R. Wallace Maxwell, Waynesburg, for appellees.

Van der Voort, Spaeth and Watkins, JJ.

Author: Spaeth

[ 271 Pa. Super. Page 294]

This is an appeal from a decree in equity, granting appellees specific performance of an agreement of sale provided they pay an outstanding balance of $1,464; declaring appellee A. Clyde Bedillion owner of five shares of appellant W.A. Stave Company, Inc.; and ordering an accounting. The chancellor's findings of fact may be summarized as follows.

In March 1964 the W.A. Stave Company owned two tracts of land in Greene County. W.A. Wilson was President of the company, and his wife, appellant M.F. Wilson, was Secretary-Treasurer. Mrs. Wilson's brother, appellee A. Clyde Bedillion, was an employee of the company. On March 17, 1964, the company entered into a contract with A. Clyde Bedillion and his wife, appellee Mary Bedillion, for the sale of the two tracts. The contract provided for a purchase price of $4,500, payable $50 per month, with a ninety day grace period each year, "but in any instance, a total of $600 a year to be paid, at the interest rate of six percent (6%)." The company was to pay taxes, insurance, and interest, and deduct them from appellee's yearly payments, and was "to furnish a warranty deed if upon payment in full of [the] agreement on or before March 1, 1967."

In February 1969 the balance due was $4,368.60. On January 12, 1974, the company conveyed the two tracts to W.A. Wilson and his son, appellant Dana Wilson. W.A. Wilson died shortly thereafter. At the time the tracts were conveyed to W.A. and Dana Wilson, appellees were making payments of $60 per month, and they continued doing so until May 1975. Also, A. Clyde Bedillion performed services for the company, for which the chancellor found he was entitled to a credit of $1,673.99. In deciding how much appellees owed toward the purchase price of the two tracts, the chancellor found:

[ 271 Pa. Super. Page 2953]

. Payments were made by checks and services in the amount of Three thousand eight hundred ninety-three dollars and ninety-nine cents ($3893.99).

4. There is an unknown amount of balance remaining over and above the difference between the balance due as of February of 1969, of Four thousand three hundred sixty-eight dollars and sixty cents ($4368.60), and the credits applied for payments and services, which the Court sets at One thousand dollars ($1000.00), recognizing it is an arbitrary figure.

Record at 180a.

Finally, the chancellor found that appellees owed the company no rent -- apparently a reference to the company's counterclaim that rent was owed for ...


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