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ESSNER v. SHOEMAKER

393 Pa. 422 (1958)

Essner, Appellant, v. Shoemaker.

Supreme Court of Pennsylvania.

June 30, 1958.

Attorney(s) appearing for the Case

Herbert M. Linsenberg, with him Leon Meltzer, for appellant.

Leonard B. Rosenthal, with him William Benner Farran, Thomas A. Galbally, and Abrahams & Lowenstein, for appellees.

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

OPINION BY MR. JUSTICE COHEN, June 30, 1958:

This appeal is from the dismissal of plaintiff's complaint in equity praying for specific performance of an oral contract allegedly made with the defendants, Samuel, Charles L. and Daniel M. Tabas, assigning their interests in certain Philadelphia real estate to plaintiff.

In 1951 the defendants Ellwood P. Shoemaker and his wife entered into a written agreement to sell a 75 acre tract of land located in Philadelphia...

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