Berger v. Silliman

Supreme Court of Pennsylvania June 27, 1969

Berger v. Silliman, 435 Pa. 630 (Pa. 1969)

254 A.2d 649; 1969 Pa. LEXIS 771

Acknowledged, Against, Appellee, Bell, Brien, Cohen, Contract, Eagen, Jones, Pomeroy, Property, Ratified, Roberts, Sale, That, Wife

Opinion of the Court

Opinion

Per Curiam,

In this action for specific performance of a contract for the conveyance of real estate, the parties stipulated *631that the only issue involved is whether the wife-appellee was a party to the agreement. The chancellor determined that she signed as a witness rather than a party and the record adequately supports this finding.

Decree affirmed at appellant’s costs.

Mr. Justice Roberts dissents and would grant specific performance against the appellee-wife on the grounds that the record clearly establishes that she acknowledged and ratified the written contract for the sale of the property.

Reference

Status: Published