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SCHWARTZ v. MAHONING VAL. COUNTRY CLUB

382 Pa. 138 (1955)

Schwartz, Appellant, v. Mahoning Valley Country Club.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Carl A. Niehoff, with him Albert P. Leonzi and Deutsch & Leonzi, for appellants.

Henry Houck, with him George M.D. Richards, Howard Miller, R.M. Harris and James P. Bohorad, for appellee.

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

OPINION BY MR. JUSTICE CHIDSEY, May 23, 1955:

The plaintiffs brought this action of assumpsit to recover $16,900 with interest, representing the balance of the purchase price for a tract of land allegedly conveyed by them to the defendant, Mahoning Valley Country Club, a Pennsylvania nonprofit corporation, by a deed dated January 2, 1951. At the conclusion of plaintiffs' evidence the court below, on defendant's motion, entered a compulsory nonsuit on the ground that...

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