Commonwealth Trust Co. General Mortgage Investment Fund Case

Opinion by

Mr. Justice-Patterson,

Where, after competitive bidding in open court upon a petition by a fiduciary for leave to sell real estate at private sale, the court enters an order approving the sale to the highest bidder, and, subsequently thereto, an agreement of sale is executed by the fiduciary and the highest bidder, containing an. additional provision reserving to the fiduciary the right to rescind and sell to a subsequently higher offeror, is that agreement binding upon the highest bidder and is it an agreement within the intendment of the Act of 1945, P. L. 944, 20 PS section 818,…