Commonwealth Trust Co. General Mortgage Investment Fund Case

Dissenting Opinion by

Mr. Justice Horace Stern :

The Act of May 24, 1945, P. L. 944, provides that “. . . when the court shall hereafter approve a contract of a fiduciary requiring approval of court, neither inadequacy of consideration, nor the receipt of an offer to deal on other terms shall, except as otherwise agreed by the parties, relieve the fiduciary of the obligation to perform his contract or shall constitute ground for any court to set aside the contract, or to refuse to enforce it by specific performance or otherwise.” (Italics supplied.) Thus the statute permits the parties to…