No. 164 Pittsburgh, 1983, No. 174 Pittsburgh, 1983, Appeal from the Order entered January 6, 1983, Court of Common Pleas, Allegheny County Civil Division at No. GD 75-11152.
John B. Nicklas, Jr., Pittsburgh, for appellants (at 164) and for appellees (at 174).
Louis C. Long, Pittsburgh, for appellants (at 174) and for appellees (at 164).
Rowley, Johnson and Hester, JJ.
[ 338 Pa. Super. Page 87]
George J. and Helen Roskwitalski (Appellants at No. 164 Pittsburgh, 1983) filed a quiet title action in 1975 alleging
[ 338 Pa. Super. Page 88]
that they were equitable owners of real estate situated in Ross Township, Allegheny County and formerly owned by Armella B. Demmler. A July 1, 1976 order of the trial court decreed that the Roskwitalskis were equitable owners of the disputed property, but the trial court's order of July 1, 1976 was reversed by this court in Roskwitalski v. Reiss, 266 Pa. Super. 29, 402 A.2d 1061 (1979) (Roskwitalski I).
Briefly by way of factual background, Mrs. Demmler, an Arizona resident, entered into a listing agreement dated May 1, 1975 with a real estate agent named George W. Jones concerning the Ross Township property. The listing agreement contained the following language:
[T]he undersigned hereby gives you the sole and exclusive right to sell said property . . . for the sum of Thirty-two Thousand Five Hundred Dollars on the following terms: Cash $All, if possible.
On May 2, 1975 the Roskwitalskis executed a proposed sales agreement witnessed by Jones which called for the property to be sold for $32,500. (R. at 8a, 9a). Several days later, on May 7, 1975 Robert F. Skultety*fn1 (Appellant at No. 174 Pittsburgh, 1983) also executed a proposed sales agreement witnessed by Jones calling for the sale of the property presently in dispute for $40,000. Both proposed sales agreements were then mailed by Jones to Mrs. Demmler who signed only the agreement executed by Skultety.
The Roskwitalskis filed a quiet title action against Mrs. Demmler and Skultety seeking to establish title in the disputed property based on the May 2, 1975 alleged sales agreement. Skultety counterclaimed praying for (1) judgment in his favor, (2) recognition by the trial court of his right, title and interest in the property, and (3) the declaration that all other claims to the property are null and void.
[ 338 Pa. Super. Page 89]
The trial court in its July 1, 1976 order concluded that the Roskwitalskis were the equitable owners and that the legal owners were Mrs. Demmler's trustees who were substituted ...