Best v. Realty Management Corp.

Opinion by

Ross, J.,

This appeal is from tbe refusal of tbe Court of Common Pleas of Delaware County to enter judgment on the pleadings for the plaintiffs in an action of assump-sit for the recovery of a down payment on realty.

On March 31, 1951 plaintiffs as vendee and defendant as vendor executed a written agreement for the purchase of a house then under construction by the defendant corporation. Plaintiffs paid $2,025 on account of the stipulated price of $13,415. The instrument contained the following so-called “escalator clause”: “14. It is mutually agreed that in the event of the increase…