Barter v. Palmerton Area School District

WIEAND, Judge:

In this action to recover a deposit made pursuant to the terms of a contract for the sale of real estate, the trial court determined that the seller’s title was unmarketable as a matter of law and entered summary judgment in favor of the buyer for the deposit which he had made. After careful review, we reverse and remand for further proceedings.

Peter Barter is the assignee of Frank J. Horwith, who purchased at public sale, on October 1, 1988, the Delaware School Property on Delaware Avenue in Palmerton, Carbon County. The written agreement contained a provision that if the…