NO. 241 Harrisburg, 1980, Appeal from the Order of the Adams County Court of Common Pleas at No. 79-S-481 dated November 25, 1980.
J. Jay Cooper, Harrisburg, for appellants.
Delano M. Lantz, Harrisburg, for appellees.
Brosky, McEwen and Beck, JJ. Brosky, J., files a dissenting opinion.
[ 315 Pa. Super. Page 31]
We here consider an appeal from the order of the Chancellor granting the motion of appellees for summary judgment and thereby denying the application of appellants for the specific performance of an alleged agreement for the sale of real property. We affirm.
The sole question presented in the brief of appellants is:
Was it proper to sustain Defendant-Appellees' Motion for Summary Judgment on grounds that the Statute of Frauds bars specific performance of the Agreement of Sale of August 16, 1979?
The agreement of sale we here study was drafted by appellant, John R. Grieber, Jr., a non-practicing attorney, at the request of appellee Harry L. Scott, was duly executed by the parties and provided, inter alia:
Witness that the Seller does hereby bargain and sell unto the said Buyer, and the latter does hereby purchase from the former the following described property . . . for the price of Two Hundred Thousand Dollars ($200,000.00) of which Five Hundred Dollars ($500.00) have [sic] been paid prior to the signing hereof, and the balance to be paid as follows:
1. Balance of One Hundred Ninety-Nine Thousand Five Hundred Dollars ($199,500.00) shall be paid to Harry L. Scott and Alice R. Scott in the form of a mortgage for twenty (20) years at an interest rate of 9%.
2. Settlement to be held by November 1, 1979.
[ 315 Pa. Super. Page 32]
It was, as is noted in the affidavit filed by appellant in connection with the summary judgment proceeding, quite a deliberate decision of the parties to refrain from inclusion in the agreement of the actual terms of payment for the reason that the seller wished to confer with his counsel.
After postponing the date of settlement, appellees eventually refused to settle. Thereafter, appellants commenced this action in equity seeking specific performance of the purported agreement. Appellees pleaded in New Matter the defense of the Statute of Frauds alleging "that the terms of ...