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PARTRICK & WILKINS CO. v. RELIANCE INS. CO.

500 Pa. 399 (1983)

456 A.2d 1348

PARTRICK & WILKINS CO., a Pa. Corp., and Partrick & Wilkins Co., as Cestui que trust of Wyman C. Scott, Real Owner and John Adams & Jettie L. Adams, Registered Owners of premises 5100 Lancaster Avenue, Philadelphia, Pa., & Duby Corporation, a Pa. Corp., as Assignee of Partrick & Wilkins Co., Appellants, v. RELIANCE INSURANCE CO., Providence-Washington Ins. Co., General Accident Ins. Co., Wyman C. Scott, Real Owner, and John Adams & Jettie L. Adams, as Registered Owners of premises 5100 Lancaster Ave., Philadelphia, Pa. and Ben Weinstein.

Supreme Court of Pennsylvania.

Decided March 11, 1983.

Attorney(s) appearing for the Case

Andrew F. Mimnaugh, Philadelphia, for appellants.

Harry P. Begier, Philadelphia, for Reliance Ins. Co.

M. Stuart Goldin, Philadelphia, for Weinstein.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

ROBERTS, Chief Justice.

This is an appeal from an order of the Superior Court affirming judgment of the Court of Common Pleas of Philadelphia against appellant Partrick & Wilkins Co., the vendee under a land sale contract, and in favor of appellees, the vendors and their insurance companies. Following destruction of the premises by fire prior to settlement, suit was brought by appellant to collect the difference between the estimate...

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