Lipsie v. Dickey

Opinion by

Mr. Chief Justice Horace Stern,

This action was brought in assumpsit to recover for the alleged breach of a covenant of warranty contained in a deed and of another warranty contained in a bill of sale. The litigation culminated in a jury trial at which the learned court below entered a compulsory nonsuit and subsequently refused to take it off. Plaintiff appeals.

In a written memorandum defendant, George A. Dickey, agreed to sell to plaintiff, William A. Lipsie, “a tract of land in Jenner Township, Somerset County, Pennsylvania, containing 3.917 acres being the same premises conveyed…