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LUTHER CLAY GLASGOW v. G. R. C. COAL COMPANY (02/11/81)

submitted: February 11, 1981.

LUTHER CLAY GLASGOW, SUE GILL, AND SECOND CHURCH OF CHRIST, SCIENTIST
v.
G. R. C. COAL COMPANY, A DELAWARE CORPORATION, APPELLANT



No. 693 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas of Cambria County, Civil Division, at No. 1977-3276

COUNSEL

Walter A. Criste, Cresson, for appellant.

William C. Daczynski, Pittsburgh, for appellees.

Brosky, DiSalle and Shertz, JJ. DiSalle and Shertz, JJ., concur in the result.

Author: Brosky

[ 295 Pa. Super. Page 500]

Appellees, Luther Clay Glasgow, Sue Gill, and Second Church of Christ Scientist (hereinafter appellees), commenced an action to quiet title in August of 1977 against appellant, G.R.C. Coal Company (hereinafter G.R.C.) concerning an 80-acre tract of coal found in seams underlying a parcel of land known as the "Fulkerson Tract," in Cambria County, Pennsylvania. On June 20, 1980, the trial court granted appellees' motion for summary judgment. G.R.C. appeals from the order granting summary judgment. We reverse and remand the decision of the trial court and thereby disagree with its reasoning that the conveyance of the tract was in violation of the statute of frauds.

G.R.C. claims an interest in the property based upon two deeds, namely: (1) a recorded deed dated August 1, 1957 in which a Mr. and Mrs. Powell purchased the tract from the Fulkerson heirs. The instrument was signed by the Powells and by the Fulkerson's purported agent, John Scollins; and, (2) a recorded deed dated August 23, 1974 from the Powells to G.R.C. The appellees attack solely the validity of the former deed.

G.R.C. contends that summary judgment should not have been granted for several reasons. They include:

(1) The Statute of Frauds is not applicable to a wholly performed contract;

(2) The extent of the performance of the contract takes it out of the Statute of Frauds;

(3) The acts of John Scollins, Attorney for Eleanor F. Stevenson, were adopted, approved and ratified by Eleanor F. Stevenson;

(4) The doctrine of estoppel is available to the appellant as applied to ...


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