Janitscheck v. Melbro Realty Corp.

The opinion of the court was delivered by

Parker, J.

The meritorious question to be decided is the proper construction of a clause in a sealed contract of sale of real estate, in view of the ‘attendant circumstances. The clause reads: “All street assessments for the improvements of Liberty avenue are to be paid by the seller.” Respondents, plaintiffs below, were'the vendees, and after they had taken title from appellant-vendor, an assessment for street improvement was laid which the purchasers, according to their testimony, asked the vendor to pay and on'refusal paid it themselves and brought…