Larkin v. Metz

KELLY, Judge:

In this appeal we are called upon to determine whether the trial court properly applied the Dead Man’s Act in its granting of summary judgment in favor of the appellees by precluding both the appellants’ oral testimony and written evidence as to the existence of a written contract, which was allegedly lost or stolen, for the sale of property between the appellants and the decedent. We find that the trial court properly barred the appellants’ oral testimony, however, that it erred in precluding the appellants’ written evidence. Therefore, we find the trial court’s entrance of an…