Opinion
January 30, 1935.
March 25, 1935.
Contracts — Execution — Signature upon condition that all other obligors sign — Effect.
1. A party who signs as one of the obligors named in a contract, upon condition that he is not to be bound unless the contract is signed by all the obligors, is not liable on the contract unless the condition is complied with.
2. The rule that mere failure of one or more persons to sign a contract prepared for execution by others as well, does not relieve from liability those who actually signed, has no application to such a case.
Argued January 30, 1935.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeal, No. 183, Jan. T., 1935, by Alexander D. Robinson, to use of Katherine W. Robinson, from decree of O. C. Phila. Co., 1934, No. 1449, in estate of Harry W. Riday, deceased. Decree affirmed.
Audit of account of executors. Before GEST, J.
The facts are stated in the opinion of the lower court.
Adjudication filed disallowing claim on contract. Exceptions overruled and adjudication confirmed absolutely, LAMORELLE, P. J., GEST, VAN DUSEN and STEARNE, JJ., in opinion by STEARNE, J. Claimant appealed.
Error assigned, inter alia, was final decree, quoting record.
Ralph S. Croskey, for appellant. Harry C. Most, for appellees.
This is an appeal from the refusal of the court below to allow a claim in the amount of $10,000, with interest, against the estate of Harry W. Riday, deceased. We find no error in the decision of the lower court, and accordingly affirm the decree on the portion of the opinion of the late Judge GEST reported at 21 Pa. D. C. 585.
The decree is affirmed at appellant's costs.