Installment Land Contract Not 'Sale' Under Separation Agreement
Shogan added that nothing in the record confirmed that Bernhardt and Dieffenbach actually reserved the subsurface rights when the property was eventually sold anyway.
"In sum, the trial court upheld an oral agreement that lacked factual and legal support and ordered specific performance based on an unsupported agreement and without authority to grant equitable relief," Shogan said.
Counsel for Bernhardt, Timothy M. Michaels of Tunkhannock, Pa., and counsel for Dieffenbach, Rinaldo A. DePaola of Griffin Dawsey DePaola & Jones in Towanda, Pa., could not be reached for comment at press time.
(Copies of the 17-page opinion in Bernhardt v. Dieffenbach, PICS No. 14-0136, are available from Pennsylvania Law Weekly. Please call the Pennsylvania Instant Case Service at 800-276-PICS to order or for information.) •