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ADAMS v. SPECKMAN

385 Pa. 308 (1956)

Adams, Appellant, v. Speckman.

Supreme Court of Pennsylvania.

May 21, 1956.

Attorney(s) appearing for the Case

Lloyd B. White, Jr., with him James L. Johnson, for appellants.

Joseph D. Calhoun, for appellees.

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

OPINION BY MR. JUSTICE BELL, May 21, 1956:

The Court below sustained preliminary objections to a complaint in assumpsit on the ground that the complaint failed to set forth a legal cause of action. Three reasons were given for this conclusion: (1) since the action was for the balance of purchase price of a business, it was in legal effect a bill for specific performance and was governed by equitable principles pertaining to specific performance; (2) since a part of...

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