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D'ALLESSANDRO v. WASSEL

526 Pa. 534 (1991)

587 A.2d 724

Samuel D'ALLESSANDRO and Carolyn D'Allessandro, his wife, and Mark Vultaggio, co-partners t/a C.M.S. Enterprises, Appellants, v. Robert WASSEL and Loretta B. Wassel, his wife, Appellees.

Supreme Court of Pennsylvania.

Decided March 20, 1991.

Attorney(s) appearing for the Case

George W. Westervelt, Jr. and John C. Prevoznik, Stroudsburg, for appellants.

Jane Roach, Stroudsburg, for appellees.

Before NIX, C.J., and FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This case raises the question of whether an action for fraud and misrepresentation is waived when it is not joined in an equity action for specific performance of a contract for the sale of land.

On April 8, 1987, Mark Vultaggio, as a partner in C.M.S. Enterprises ("Buyers"), entered into a written agreement of sale with Robert Wassel for real property located in Paradise...

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