Hebron v. Magda

Opinion by

Mr. Chief Justice Moschzisker,

Oh consideration of a case stated, the court below entered judgment for plaintiffs and defendant has appealed.

In 1923, plaintiffs agreed to sell the surface of property at 752 Hazle Avenue, in Hanover Township, Luzerne County, to defendant for $4,250; but when the deed was tendered, defendant refused to accept it on the ground that plaintiffs were not in a position to “convey to him a good and marketable title in fee simple.”

The point on which this case turns, as to the power of plaintiffs to convey “a good and marketable title,” arose thus: Emma G.…