Commonwealth Trust Company v. Alleg'y Cemetery

Opinion by

Mr. Justice Barnes,

Plaintiffs brought this action in assumpsit to recover of the defendant cemetery corporation the purchase price for a certain tract of land containing 32.358 acres, situated in the tenth ward of the city of Pittsburgh. The parties entered into a written agreement dated November 23, 1935, whereby plaintiffs agreed to sell and convey, and defendant agreed to purchase this tract of land adjoining the cemetery for the sum of $16,180.50. A provision in this agreement recited the fact that the “vendee is a cemetery corporation and is specially chartered and has no right…