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ROTH ET AL. v. HARTL ET UX. (09/26/50)

September 26, 1950

ROTH ET AL.
v.
HARTL ET UX., APPELLANTS



Appeal, No. 157, Jan. T., 1950, from decree of Court of Common Pleas of Bucks County, March T., 1947, in Equity, No. 3, in case of Martin Roth et al. v. Frank M. Hartl et ux. Decree, as modified, affirmed.

COUNSEL

C. William Freed, with him C. William Freed, Jr., and Freed & Freed, for appellants.

J. Lawrence Grim, with him James C. Bowen, for appellees.

Before Drew, C.j., Stern, Stearne, Jones and Bell, JJ.

Author: Bell

[ 365 Pa. Page 430]

OPINION BY MR. JUSTICE BELL

Plaintiffs brought a bill in equity for specific performance of a written contract of sale of real estate in Bucks County. Plaintiffs also sought an account for rents received by the seller after the date of settlement, as well as for damages for losses sustained by defendants' unlawful refusal to convey said property. Included in said agreement of sale were the following provisions:

"1. The Buyer agrees to pay for the said property the sum of Sixty-Five Hundred Dollars..., as follows: Six Hundred Dollars... on the signing of this Agreement, the receipt whereof is hereby acknowledged, (which deposit shall be forfeited to the Seller as liquidated damages in case of the default by the Buyer in the performance of the terms of this agreement) and the balance of the purchase money as follows: Fifty Nine Hundred Dollars in cash on day of settlement.

"2. The premises are to be conveyed free and clear of all liens, encumbrances,*fn* and easements, Excepting However, the following: ...; otherwise the title to the herein described lot or piece of ground shall be good and marketable or such as will be insured by any reputable Title Insurance Company at the regular rates....

"4. Possession is to be given at the time of settlement....

"6. Tender of an executed deed and purchase money is hereby waived....

[ 365 Pa. Page 431]

"9. In the event the Seller is unable to give a good and marketable title or such as will be insured by any reputable Title Insurance Company, as above set forth, Buyer shall have the option of taking such title as the Seller can give without abatement of price, or of being repaid all moneys paid on account by Buyer to Seller, and the Buyer shall also be reimbursed for any Title Company charges incurred; and in the latter event there shall be no ...


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