Alexanian v. Fidelity-Philadelphia Trust Co.

Opinion by

Hirt, J.,

This is an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense.

Defendant as trustee was the owner of land in Philadelphia. On March 5, 1942, plaintiff in writing offered to 'buy the land for $3,000, payable $600 in cash; the remaining $2,400 to be secured by a purchase money mortgage on specified terms. Through her agent, plaintiff delivered a certified check to defendant for $300 “with the understanding that this may be used as an initial deposit on an agreement of sale to be drawn if the above terms are acceptable.” The offer…