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WEIZER v. J.E. WEYMAN CON. CORP.

413 Pa. 294 (1964)

Weizer v. J.E. Weyman Construction Corp., Appellant.

Supreme Court of Pennsylvania.

January 7, 1964.

Attorney(s) appearing for the Case

Morton B. Wapner, for appellant.

Samuel Moonblatt, with him Berk, Masino and Moonblatt, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE COHEN, January 7, 1964:

This case also points up the problem which we raised in Conley-Irwin Corp. v. Reiter, 413 Pa. 213, 196 A.2d 300 (1964). Here, appellees brought this action in equity to recover payments made to appellant under a real estate purchase agreement alleging failure of appellant to comply with the agreement. After the pleadings had been filed plaintiff-appellees moved, under Rule...

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