Tradesman Rod & Gun Club v. Engle

KIVKO, P.J.,

Plaintiff filed an action in equity for the specific performance of an agreement to sell and convey real estate, with an abatement in the purchase price. At the conclusion of plaintiff’s testimony, defendants moved for a compulsory nonsuit. On May 22, 1973, the court sustained defendants’ motion for a compulsory nonsuit and dismissed plaintiff’s complaint. On June 15, 1973, plaintiff presented a petition for a rule to show cause why a motion to remove the nonsuit should not be filed nunc pro tunc, on which the court granted a rule to show cause why plaintiff should not be…