Danner v. Gates

Biddle, P. J.,

— This is an action of assumpsit brought by the plaintiff to recover from the defendant the amount of the purchase money of a tract of land in East Pennsboro Township which the plaintiff, on Nov. 23, 1927, contracted in writing to sell and convey to the defendant for the sum *300of $5500. It is, in substance, therefore, an action to compel specific performance of his contract for the sale and conveyance of land, and must be decided on the principles applicable to a proceeding of that nature. The contract in question provides, inter alia:

“That the said part ... of the first part hath…