David Magen, Builder, Inc. v. Price

Brown, J.,

This case is before the court in banc on defendants’ “motion for final decree”.

*75The petition for declaratory judgment was filed on November 20, 1938, wherein it was averred, inter alia, that on August 29, 1938, an agreement was signed by petitioner and Philip Price, one of the three substituted trustees of the estate of Eli K. Price, deceased, all of whom were named as defendants, whereby petitioner agreed to purchase from the estate two lots or pieces of ground. Petitioner asked that a declaratory judgment or decree be entered declaring the agreement null and void for want of proper…