Myers v. Fidelity-Philadelphia Trust Co.

Opinion by

Mr. Justice Simpson,

This is an action against several joint owners and vendors to recover back the hand money paid to them on an unconsummated agreement for the purchase of real estate. The basis of these eight appeals,—one by each defendant, though a single joint appeal would have sufficed,—is that the court below erred in giving binding instructions in favor of plaintiff. Under such circumstances, we must, of course, view the testimony in a light most favorable to defendants (Bryan v. Barber Asphalt Co., 289 Pa. 123); but, even when so considered, the judgment should be affirmed.

Th…