Legal Opinion · Concurring in part, dissenting in part

G.A.G. Corp. v. Auritt

Superior Court of Pennsylvania

Decided November 16, 1973No. Appeals, 294 and 295Published

1Concurring in part, dissenting in part

Concurring and Dissenting Opinion by

Spaeth, J.:

I agree with Judge Jacobs that this court has jurisdiction. I also agree with his interpretation of the subordination agreements. I cannot, however, agree that appellee should be permitted to take advantage of the statute that would discharge the subordinated mortgage. To permit this, by allowing the decision of the court below to stand, is to permit appellee to obtain for $2,400 a property purchased seven years earlier for $22,500. Since appellee will have achieved this coup as a result of the position he maintained before the Commonwealth…

2Cases cited9 opinions

  1. Fedas v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1930
  2. Tax Claim Bureau v. WheatcroftCommonwealth Court of Pennsylvania · 1971
  3. Commonwealth v. MoltzSupreme Court of Pennsylvania · 1849
  4. Sargent v. JohnsSupreme Court of Pennsylvania · 1903
  5. Ebert v. JohnsSupreme Court of Pennsylvania · 1903

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