Brand v. Dolgin

KRUCKER, Chief Judge.

This appeal challenges the propriety of granting summary judgment to the appel-lees, defendants below, in a suit arising out of a contract for the sale of real estate between the Dolgins as vendors and appellant as vendee.

In order to properly understand the posture of the case when the defendants’ motion for summary judgment was presented, a detailed analysis of the pertinent pleadings and documentary exhibits is necessary.

The plaintiff’s complaint, denominated “On Contract”, set forth two claims for relief. It alleged that on or about August 12, 1958, the plaintiff and…