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CONCORDE INVESTMENTS v. ARTHUR A. GALLAGHER AND AUREA A. GALLAGHER (04/02/85)

submitted: April 2, 1985.

CONCORDE INVESTMENTS, INC. C/O FAUST AND RABBACH
v.
ARTHUR A. GALLAGHER AND AUREA A. GALLAGHER, H/W, APPELLANTS. ARTHUR A. GALLAGHER AND AUREA A. GALLAGHER, H/W, APPELLANTS, V. CONCORDE INVESTMENTS, INC. AND DAVID ROSS



Appeal from the Order entered September 28, 1984 in the Court of Common Pleas of Delaware County, Civil Division, at Nos. 83-07083 and 83-14700.

COUNSEL

Michael P. Rowan, West Chester, for appellants.

Stephen T. Martin, Assistant Public Defender, Media, for appellees.

Cavanaugh, Olszewski and Hoffman, JJ.

Author: Hoffman

[ 345 Pa. Super. Page 52]

This is an appeal from the September 28, 1984 order below (1) dismissing appellants' (the Gallaghers) exceptions to the August 23, 1984 verdict, (2) entering judgment in favor of appellee (Concorde Investments, Inc.) and against appellants in the amount of $33,750.00, (3) vacating a stay of writ of possession filed by appellee, and (4) ordering appellants to vacate the premises situated at 940 Mill Road, Radnor Township, Pennsylvania, and entitling appellee to possession thereof. For the reasons discussed herein, we affirm.

On June 30, 1983, appellants filed a complaint in equity against appellee seeking specific performance of an alleged oral agreement for the sale of the above-mentioned property and, alternatively, seeking to recover the sum of $29,000 for alleged improvements made to the subject premises. Appellee filed an answer and new matter on October 6, 1983, denying that any agreement was made for the sale of realty to appellants and that appellants' claim was barred by the Statute of Frauds. Appellee also filed a counterclaim for rent allegedly due for appellants' use and occupation of the property. In addition, appellee commenced a separate action in ejectment against appellants seeking to recover possession of the subject premises together with the rents allegedly due.

Appellants' action in equity and appellee's action in ejectment were consolidated for the purposes of trial. Following a May 21, 1984 non-jury trial, the lower court made the following findings of fact:

1. Arthur A. Gallagher and Aurea A. Gallagher, husband and wife, entered into a contract to purchase the

[ 345 Pa. Super. Page 53]

    property at 940 Mill Road, Radnor Township, Delaware County, Pennsylvania.

2. The Gallaghers were unable to come up with the funds to purchase the property, and, in lieu of default, approached Omar Tigrak to lend them the balance of the purchase price.

3. Omar Tigrak approached Concorde Investments, Inc., on behalf of Gallagher to arrange financing for the property.

4. Concorde Investments, Inc., agreed to accept an assignment of the contract from Gallagher, purchase the property themselves, and lease it back to Gallagher, with an option to purchase.

5. Gallagher executed a written assignment of the contract to Concorde Investments, Inc., on April 23, 1982.

6. On April 23, 1982, Concorde Investments, Inc., purchased the property at 940 Mill Road.

7. Gallagher took possession of the property a few days later that same month.

8. In June of 1982, Concorde prepared a written lease agreement with an option to purchase the property, as previously agreed upon, and delivered it to ...


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