Close v. Zell
Supreme Court of Pennsylvania
APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF BERKS COUNTY. January Term 1891, Sup. Ct.; court below, No. 44 November Term 1888, C. P. On October 27, 1888, Solomon Close and George W. Kershner brought assumpsit against Josephine P. Zell and others, executors of the will of Thomas Zell, deceased. The plaintiffs’ statement of claim was in two counts.
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APPEAL BY DEFENDANTS FROM THE COURT OF COMMON PLEAS OF BERKS COUNTY. January Term 1891, Sup. Ct.; court below, No. 44 November Term 1888, C. P. On October 27, 1888, Solomon Close and George W. Kershner brought assumpsit against Josephine P. Zell and others, executors of the will of Thomas Zell, deceased. The plaintiffs’ statement of claim was in two counts. The second count, upon which the plaintiffs’ case was rested at the trial, recited a conveyance from Thomas Zell and wife to the plaintiffs, dated December 14, 1883, of four lots of ground in Reading, with a covenant to warrant and defend…
1Opinion of the Court
Opinion,
Me. Justice Gtieen:
In the second count of the plaintiffs’ statement, their cause of action is substantially set out as a parol contract of indemnity against a defective title to certain real estate conveyed to *400the plaintiffs by the defendants’ testator, which was the operative inducement to the plaintiffs to purchase the title from their vendor. The deed contained the usual covenant of special warranty, but no covenant of title, and as there is no breach of any covenants of the deed no cause of action arises under it. This proceeding is therefore not in any sense a proceeding to…
2Cases cited6 opinions
- Seitzinger ex rel. Drinkel v. WeaverSupreme Court of Pennsylvania · 1829
- Walker v. FranceSupreme Court of Pennsylvania · 1886
- Anderson's Administrators v. WashabaughSupreme Court of Pennsylvania · 1862
- Cox's Administrators v. HenrySupreme Court of Pennsylvania · 1858
- Robinson v. BakewellSupreme Court of Pennsylvania · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Carsek Corp. v. Stephen Schifter, Inc.Supreme Court of Pennsylvania · 1968
- Caveny v. CurtisSupreme Court of Pennsylvania · 1917
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Lehman v. PaxtonSuperior Court of Pennsylvania · 1898
- Stewart v. TrimbleSuperior Court of Pennsylvania · 1901
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