Anastasi Bros. v. Pennsylvania Co. for Insurances on Lives & Granting Annuities

Pee Cueiam,

This appeal is from judgment for defendant in an action in assumpsit to recover damages for breach of an alleged trust agreement. The case was tried by a judge without a jury under the Act of April 22,1874, P. L. 109. On a careful examination of the record, we find competent, credible evidence to sustain the findings of the trial judge that plaintiff entered into a subsequent oral agreement (with the Metropolitan Casualty Insurance Company of New York) which made it impossible for defendants to carry out the trust agreement and by virtue of which plaintiff has no standing to…