Delvitto v. Schiavo

Opinion by

Mr. Justice Chidsey,

Originally, this action commenced by a suit in equity for specific performance of a contract to convey a hotel together with the contents and a liquor license for the sum of $22,000. The' contract arose by virtue of- a 90-day option given by the appellants (Tom and Lena Schiavo) to the appellee (Paul A. Delvitto) on September 22, 1945 and accepted by the appellee on October 10, 1945. After tender of the purchase price to the appellants and refusal by them, the equity action was instituted in November, 1945.

Preliminary objections to the action for specific…