Plaintiff, Joseph H. Brotman, filed a bill of complaint against his wife, Miriam, to recover possession of
Question:
Plaintiff, Joseph H. Brotman, filed a bill of complaint against his wife, Miriam, to recover possession of certain machinery, equipment and material. Later, he brought a second suit in equity against her and The Western Saving Fund Society of Philadelphia, inter alia, to compel his wife to execute a deed to him for the premises situated at 4121 Viola Street and 4120 Parkside Avenue, Philadelphia (which plaintiff averred he had purchased from her under an oral contract of sale); and also to require The Saving Fund Society, the other defendant, to pay over to him certain moneys on deposit in Mrs. Brotman's name (which plaintiff claimed was his own money that he had turned over to his wife for safekeeping in connection with a proposed purchase of other property, but which was not bought). Mrs. Brotman filed answers in both suits raising questions of fact; while The Saving Fund Society, in its answer to the second bill, averred it was but a stakeholder. The two cases were consolidated and tried as one on stipulation of counsel. After hearing, the learned Chancellor decreed that Mrs. Brotman deliver to plaintiff the machinery, equipment and material, also a deed for the premises in question, and that she pay to him the moneys he left with her for safekeeping.
Please note that the primary focus of the brief must be the important elements of fact and law that pertain to our problem, and please put special emphasis on the law and rationale sections and do not put a high focus on the facts of the individual problems.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts