59 A.2d 92 | Pa. | 1948
Plaintiffs filed a bill in equity against a living defendant seeking to enforce specifically a written contract for the sale of the fixtures, stock in trade and good will of a restaurant with a liquor license. Pending the suit defendant died and her executors were substituted as defendants. The learned court decreed specific performance. From this decree the appeal is taken.
The decree was correctly entered. See Cochrane v. Szpakowski,
Upon the death of defendant her estate passed into the hands of the law for administration and distribution. The decree thus obtained in the court of common pleas must be presented to the orphans' court for enforcement: Hammett's Appeal,
Decree affirmed at cost of appellants.
