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JOHN B. HENKELS v. PHILADELPHIA TITLE INSURANCE COMPANY (01/14/55)

January 14, 1955

JOHN B. HENKELS, JR., LOUIS J. MCCLOSKEY, ARTHUR C. FAUST AND ANDREW L. LEWIS, TRADING AS HENKELS & MCCOY, A PARTNERSHIP,
v.
PHILADELPHIA TITLE INSURANCE COMPANY, A CORPORATION, APPELLANT



Appeal, No. 253, Oct. T., 1954, from judgment of Municipal Court of Philadelphia County, Jan. T., 1953, No. 607, in case of John B. Henkels, Jr., et al., trading as Henkels & McCoy, v. Philadelphia Title Insurance Company. Judgment affirmed.

COUNSEL

Herman H. Greenberg, Philadelphia, for appellant.

I. Jerome Stern, with him Alan M. Spector, Philadelphia, for appellees.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 177 Pa. Super. Page 111]

OPINION BY WOODSIDE, J.,

This is an appeal from the refusal of the Municipal Court of Philadelphia to enter judgment non obstante veredicto after the court sitting without a jury found in favor of the plaintiff in an action of assumpsit in the amount of $713.98.

There is no dispute over the relevant facts which are as follows:

In November of 1948 the plaintiffs employed the defendant title insurance company to examine and search the title and arranged for final settlement and conveyance of a certain specifically described plot of ground which they intended to purchase from Cecil G. Cadman and wife.

The defendant agreed to examine and search the title to said premises to discover and make known to plaintiffs any and all taxes, liens, encumbrances or defects in, on or against said title, and to arrange for the final settlement and conveyance of said premises from the then owners.

[ 177 Pa. Super. Page 112]

In consideration of defendant performing these services plaintiffs paid defendant its charges in the sum of $62.50.

The defendant thereupon issued to plaintiffs a settlement certificate which set forth the full and complete description of the lot referred to above. Following the description was the following:

"The premises are subject to the following encumbrances and claims which will be excepted in the policy unless removed:

GROUND RENTS None

REGISTERED TAXES ...


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