Siddall v. Painter

Sweney, J.,

This is a suit to recover hand money paid by plaintiff to defendant, under the terms of a written agreement of sale for a farm of 176.045 acres in Thornbury and Birmingham Townships, this county, for the price of $80,750. At the trial, a nonsuit was entered against plaintiff by the trial judge and we have before us for disposition a motion by plaintiff to remove this nonsuit.

The agreement of sale, dated February 11, 1952, contained, inter alia, the following provisions:(a) Title was to be good and marketable and such as would be insured by any of three title insurance companies:…