Epstein v. Van Gilder

Koch, J.,

On April 4, 1950, defendants conveyed to plaintiff a tract of land situate in the City of Allentown for a consideration of $9,000. On November 1, 1954, plaintiff learned that defendants were not the owners of the entire fee and upon the failure of defendants to deliver a deed for the outstanding interest purchased the same for a consideration of $2,200. The suit in assumpsit seeks to recover this sum together with counsel fees in the amount of $750 and $25 for taxes, revenue and recording. The complaint alleges a breach of warranty contained in the deed from defendants to plaintiff.…