DiBenedetto v. DiRocco

Opinion by

Mr. Chief Justice Hoeace Steen,

In this action for specific performance of a contract for the sale of real estate the court below — in our opinion erroneously — held that the agreement was lacking in mutuality of obligation; accordingly it sustained preliminary objections and dismissed plaintiff’s bill in equity.

In the written agreement between the parties, dated March 11, 1949, defendants, the owners of premises 6441 Haverford Avenue, Philadelphia, agreed to sell that property to plaintiff for the sum of $8,500, of which $100 was to be paid, and was paid, at the time of the signing…