Cirotti v. Wassell

Opinion by

Hirt, J.,

Plaintiff entered into a written agreement with defendant for the purchase of an apartment house property in Philadelphia. On signing the agreement he made a down payment of $1,000 to apply on the purchase price of $12,500. At the final meeting for settlement, plaintiff by his attorney rescinded the agreement because of defendant’s alleged inability to perform her agreement. He then brought this suit to get back his hand páyment. At the close of plaintiff’s case the trial judge entered a compulsory nonsuit and the court subsequently refused to take it off. The order will be…