Berger v. Weightman

Opinion by

Mr. Justice Bell,

The opinion of the Court en banc (four judges sitting with one judge dissenting) by Judge George H. McWherter, so clearly states the facts and so correctly the law that we shall quote extensively therefrom:

“This action was instituted to compel specific performance of an agreement to sell and transfer to the plaintiff a ninety-nine year lease of a business block in tbe City of G-reensburg. Tbe agreement is in writing and dated March 4, 1947 * and was signed by both plaintiff and defendant. . . .

“On November 11, 1948, plaintiff filed a stipulation of record to the…