Pavlick Et Ux. v. Zellermeyer

Opinion by

Mr. Justice Allen M. Stearne,

Plaintiffs filed a bill in equity against a living defendant seeking to enforce specifically a written contract for the sale of the fixtures, stock in trade and good will of a restaurant with a liquor license. Pending the suit defendant died and her executors were substituted as defendants. The learned court decreed specific performance. From this decree the appeal is taken.

The decree was correctly entered. See Cochrane v. Szpakowski, 355 Pa. 357, 49 A. 2d 692.

Upon the death of defendant her estate passed into the hands of the law for administration and…