Lehrer v. McCloskey Homes, Inc.

LORD, District Judge.

McCloskey Homes, Inc., one of the defendants, has filed a motion to dismiss the complaint as to it on the ground that it fails to state a claim upon which relief can be granted.

Plaintiffs entered into a written agreement with McCloskey & Co. of Florida, the other defendant, in which they agreed to purchase, and McCloskey & Co. of Florida covenanted to sell, the premises described therein as Lot 296, Patton Road, Whitemarsh Village, Montgomery County, Pennsylvania. This lot was to be improved with the erection of a dwelling house substantially similar to an exhibit house,…