Ohlbaum v. Mayer

Opinion by

Mr. Justice Walling,

On May 18, 1923, the defendants agreed in writing to sell plaintiff the property known as 130 South Eighth Street, Philadelphia, for $37,800, of which he paid them $1,500 in hand and $1,000 shortly thereafter. The purchase was not consummated and this suit in assumpsit to recover such advance payments resulted in a verdict and judgment for plaintiff for the $2,500 and interest; therefrom defendants brought this appeal.

The record discloses no reversible error. The contract was made through the agents of the parties, and plaintiff based his right to rescind the…