Tate v. Bartifay

Montgomery, J.,

— We have before us plaintiff’s rule for judgment on the pleadings, which rule is limited to count no. 1 in the bill of complaint. Briefly, the facts are as follows:

Defendants in writing agreed to sell to plaintiff, Ernest H. Tate and his wife, Juanita T. Tate, certain real estate in the Borough of Eden Park, Allegheny County. Part of the consideration was to be deferred and secured by the execution and delivery of a purchase money bond and mortgage in the sum of $2,500. Before delivery of the deed and purchase money bond and *142mortgage, Juanita T. Tate and plaintiff were…