Delvitto v. Schiavo Et Ux.

Opinion by

Arnold, J.,

The plaintiff originally filed a bill'in equity for specific performance of a written option running from defendants to the plaintiff. Under Equity Eule 49 this was certified to the law side of the court, whereupon a statement of claim and an affidavit of defense were filed in an action of assumpsit. The plaintiff sought to recover damages for the wilful refusal of the defendants to transfer to him the subject matter of the option, i. e., a hotel building with its furnishings and personal property, the land upon which it was erected, and a liquor license. The affidavit of…