Essner v. Shoemaker

Opinion by

Mr. Justice Cohen,

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 to the nominee of defendant Elizabeth Stevens, the straw-party for the defendant Tabases. The time of settlement under the agreement was extended by…