Heller v. First National Bank & Trust Co. of Newtown

Boyer, J.,

This is an action of as-sumpsit brought by plaintiffs against defendant to recover the sum of $850 with interest as damages for the alleged breach of a written agreement for the sale of real estate by defendant to plaintiffs. The statement of claim avers that plaintiffs paid to defendant the sum of $850 as down money under the terms of the contract; that, upon application for title insurance, it was discovered that an easement existed on said premises by reason of which defendant could not convey the same to them “clear of encumbrances and easements”; that thereupon defendant repaid…