Kern v. Smith

Opinion by

Mr. Justice Kephart,

A committee, representing a fraternity of college students, in 1920, entered into a contract with the owner of 3611 Locust Street, Philadelphia, to purchase that property. James A. Smith, one of the defendants, was a member of that committee. It was arranged, after some intermediate negotiation, that Smith should take the title for the appellees, and, at the expiration of four years, on repayment to him of certain advances, he was to convey the premises to a corporation to be organized by the appellees, The fraternity was not incorporated at the time of the…