Kargiatly v. Provident Trust Co.

Opinion by

Mr. Justice Linn,

This appeal is from judgment for the defendant on a directed verdict. The Provident Trust Company of Philadelphia, as testamentary trustee, made a written agreement with the plaintiff for the sale to plaintiff of certain land, part of the trust property, for $8,000. Shortly afterward the trust company received an offer of $9,000 from another purchaser, accepted the offer and conveyed the property. The plaintiff was notified of the fact, demanded and received the return of the - down-money and the two checks left with the trustee the proceeds of which were intended…