Summary
enforcing an incomplete agreement based upon detrimental reliance
Summary of this case from Commonwealth v. CosbyOpinion
Argued December 6, 1985.
Decided March 31, 1986.
Appeal No. 39 E.D. Appeal Docket 1985 from a Judgment and Opinion of the Superior Court, 335 Pa. Super. 522, 485 A.2d 15 (1984) dated November 9, 1984, (case No. 1557 Philadelphia, 1982), which Judgment and Opinion remanded with directives from an Order of the Court of Common Pleas of Montgomery County, Pennsylvania, Criminal Division, at No. 3721-81; Samuel J. Salus, II, Judge.
Thomas E. Waters, Dist. Atty., Ronald T. Williamson, Chief/Appeals Div., J. William Dittor, III, Asst. Dist. Atty., Bart C. Tuttle, for appellant.
Eric J. Cox, Robert J. Vagnoni, Norristown, for appellee.
Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.
ORDER
The order of the Superior Court is affirmed.
The order of this Court is not to be interpreted as adopting the reasoning of the Superior Court Opinion Announcing the Judgment of the Court insofar as it relates to the prohibition against double jeopardy.
HUTCHINSON, J., filed a dissenting opinion in which LARSEN and McDERMOTT, JJ., joined.
I dissent. I would reverse the order of Superior Court and remand to Common Pleas for further proceedings against appellee, on the dissenting opinion of Judge Stephen J. McEwen, Jr., Commonwealth v. McSorley, 335 Pa. Super. 522, 533-36, 485 A.2d 15, 21-23 (1984) (McEwen, J., dissenting).
LARSEN and McDERMOTT, JJ., join this dissenting opinion.