Ernst v. Kwik-Chek Realty Co.

STANZIANI, J.,

This is an appeal from an order dated September 29, 1972, in which the court en banc granted plaintiffs’ motion for summary judgment.

Prior to October 21, 1964, Mr. and Mrs. Harold Murphy owned the premises presently owned by plaintiffs and the premises presently owned by defendent, Kwik-Chek Realty Company, Inc. (herein*11after referred to as parcels 2 and 1, respectively). On that date, the Murphys conveyed parcels 2 and 1 to Hexa of Pennsylvania, Inc., taking a purchase money mortgage in the amount of $28,000 on parcel 2 only. Later on that same day, Hexa of Pennsylvania, Inc.,…