Herman v. Somers
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1893, by-defendants, Charles Somers et al., from judgment of C. P. No. 2, Allegheny Co., July T., 1891, No. 177, on verdict for plaintiff, C. M. Herman. Appeal from justice of peace. Before Magee, J. At the trial, it appeared that plaintiff claimed to recover hand money paid defendants as agents of James and Ellen Leech on account of a contract to purchase real estate of James and Ellen Leech.
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Appeal, No. 112, Oct. T., 1893, by-defendants, Charles Somers et al., from judgment of C. P. No. 2, Allegheny Co., July T., 1891, No. 177, on verdict for plaintiff, C. M. Herman. Appeal from justice of peace. Before Magee, J. At the trial, it appeared that plaintiff claimed to recover hand money paid defendants as agents of James and Ellen Leech on account of a contract to purchase real estate of James and Ellen Leech. John H. Kerr, Esq., an attorney at law, and an expert on questions of title, testified that he had examined the title of the land in question, and had come to the conclusion…
1Opinion of the Court
Per Curiam,
According to express terms of the contract of sale, the property was “ to be free from all liens and encumbrances,” and the hand money was “ to be refunded if title should not prove good on examination of records, or cannot be made good.” *428This is equivalent to a covenant to convey a good marketable title. In equity a marketable title is one in which there is no doubt involved, either as to matter of law or fact: Dalzell v. Crawford, 1 Parsons, Equity Cases, 45; Nicol v. Carr, 35 Pa. 382; Swayne v. Lyon, 67 Pa. 439. In Speakman v. Forepaugh, 44 Pa. 373, it was said : “ Every title…
2Cases cited1 opinion
- Speakman v. ForepaughSupreme Court of Pennsylvania · 1863
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