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WARDEN v. TAYLOR

460 Pa. 577 (1975)

333 A.2d 922

John B. WARDEN, Appellant, v. M. Harvey TAYLOR et al.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

G. Thomas Miller, McNees, David E. Lehman, Wallace & Nurick, Harrisburg, for appellant.

William D. Boswell, Berman & Boswell, Harrisburg, for appellees; Mark E. Garber, Jr., Garber, Fowler & Addams, Carlisle, of counsel.

Before JONES, C.J., and O'BRIEN, ROBERTS, POMEROY and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

This appeal arises from the trial court's refusal to decree the specific performance of a contract for the purchase of realty. We vacate and remand.

In 1945, appellant John B. Warden conveyed to appellee M. Harvey Taylor a parcel of land containing a log cabin and his interest in a farm that he had theretofore owned as a tenant in common with Taylor. Simultaneously Warden and Taylor executed a contract which...

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