Treister v. Pacetty

O’CONNELL, Justice.

The appellant, Arthur Treister, sought by his complaint in the court below to obtain specific performance of a contract for sale of realty between himself, as buyer, and the appellee, Mamie Pacetty, as seller. The answer by Pacetty simpy denied the agreement and without further pleading or proof, she filed motion for summary final decree. Affidavits by plaintiff and another, offered to sustain his bill, were not controverted by counter-affidavit or other evidence, and the facts appearing therefrom, to which the court was necessarily limited in granting summary decree for…