Blatz v. Denniston
Superior Court of Pennsylvania
Appeal, No. 96, April T., 1898, by defendant, from judgment of C. P. No. 21, Allegheny Co., April T., 1897, No. 539, for want of a sufficient, affidavit of defense. Assumpsit on articles of agreement to sell real estate clear of incumbrances.
Read the full summary
Appeal, No. 96, April T., 1898, by defendant, from judgment of C. P. No. 21, Allegheny Co., April T., 1897, No. 539, for want of a sufficient, affidavit of defense. Assumpsit on articles of agreement to sell real estate clear of incumbrances. It appears from the record that William H. Denniston, the defendant, by articles of agreement entered into with the plaintiff, agreed to purchase from the plaintiff certain lots of land and assume the payment of certain mortgages existing as an incumbrance against said lots. The plaintiff executed and delivered to Denniston a deed of general warranty for…
1Opinion of the Court
Opinion by
Porter, J.,
We held in the case of Lehman v. Paxton, ante, p. 259, that an agreement to sell real estate “ clear of all incumbrances ” is not superseded by a deed executed pursuant to the agreement and containing only a clause of general warranty. That case rules the one before us. Here by agreement the purchaser of real estate covenanted to assume the payment of certain mortgages on the property to be conveyed. The grantee failing to perform his said promise, the grantor was obliged to discharge the balance remaining unpaid after a foreclosure sale by the sheriff under the mortgage.…
2Cited by1 opinion
- Stewart v. TrimbleSuperior Court of Pennsylvania · 1901