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KEHOE v. KEHOE-BERGE COAL CO.

388 Pa. 79 (1957)

Kehoe, Appellant, v. Kehoe-Berge Coal Company.

Supreme Court of Pennsylvania.

March 18, 1957.

Attorney(s) appearing for the Case

Joseph E. Gallagher, with him William P. Farrell, and O'Malley, Morgan, Bour & Gallagher, for appellant.

James T. Shea, with him Shea & Shea, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, March 18, 1957:

The plaintiff seeks to have the Court extricate him from a situation and status which he accepted voluntarily and for a consideration. Under the circumstances of the case, he has assigned himself an impossible task. On October 15, 1944, he entered into a contract with the Kehoe-Berge Coal Company and Pittston-Duryea Coal Company, whereby a previous contract dated April 17, 1943 was to be cancelled and he was to receive...

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