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MARKET ST. TRUST CO. v. BENNETHUM

374 Pa. 273 (1953)

Market Street Trust Company, Executor, v. Bennethum, Appellant.

Supreme Court of Pennsylvania.

June 26, 1953.

Attorney(s) appearing for the Case

William S. Bailey, with him Storey, Bailey & Rupp, for appellant.

Henry E. Harner, with him C. Russell Welsh, Jr., for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE MUSMANNO, June 26, 1953:

On September 15, 1949, Malcolm H. Gettys and Anna S. Bennethum entered into an agreement, as follows:

"9/15/49.

"For a check of 300.00 and 50.00 the first day of each month thereafter, until the sum of 2659.79 is paid I agree to refrain from placing any lien or mortgage on any properties owned by Anna S. Bennethum.

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