Contracts — Contract to buy stock — Terms — Construction.
In this action of assumpsit upon a case stated in which it appeared that the plaintiff and the two defendants entered into a written agreement by the terms of which plaintiff sold to each of the defendants 333 shares of his stock in a corporation and each defendant agreed to pay him $9500 therefor in installments and defaulted in such payments; and defendants sought to escape liability for the unpaid balances because of action taken under certain option provisions in the written agreement and because checks sent by defendants to plaintiff contained a notation "Accepted in full release and settlement of any and all claims . . ." and plaintiff endorsed and cashed the checks, it was Held that the court below had properly entered judgment in favor of the plaintiff and against the defendants for the entire unpaid balance due on the purchase price of the stock.
OPINION PER CURIAM, June 30, 1959:
The judgment of the court below is affirmed on the opinion of Judge HESS, 17 Pa. D. C.2d 390.