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SMILER v. TOLL

373 Pa. 127 (1953)

Smiler v. Toll, Appellant. Toll, Appellant, v. Pioneer Sample Book Company.

Supreme Court of Pennsylvania.

November 20, 1952.

February 13, 1953.

Attorney(s) appearing for the Case

Joseph E. Gold, with him Paul M. Chalfin, Leonard L. Ettinger and Arthur Silverman, for appellants.

Walter Schachtel, with him Samuel L. Einhorn and Einhorn & Schachtel, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ. (Reargued, as to Appeal No. 213, on November 19, 1952).

OPINION BY MR. JUSTICE BELL, February 13, 1953:

Smiler sued Aaron and Bessie Toll for breach of an agreement of sale made between them; the Tolls in a separate suit sued the Pioneer Sample Book Company (hereinafter called Company) as the alleged principal of Smiler, for breach of the aforesaid agreement of sale. The agreement was under seal. Unfortunately these cases were not consolidated and tried together in the Court below, as they should have been; they have been...

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