District Court, E.D. Pennsylvania May 9, 1963, Civ. A. No. 27226 (Ideal Development Co. v. Costello)

JOSEPH S. LORD, III, District Judge.

Defendants in this action for damages for breach of a contract to purchase real estate have moved for summary judgment on two grounds. Firstly, they contend that a novation relieved them of personal liability under the contract, it having been contemplated that defendants would form a corporation which would assume all obligations.