Borowsky v. Margulis

Opinion by

Mr. Justice Sciiaepeb,

This case has been tried twice. The verdict in each instance was for plaintiffs. As the main question raised by defendant was one of good faith on the part of plaintiffs, two verdicts in their favor should have ended the litigation, unless some real error was committed on the last trial. None was.

The appellee has stated the question involved: When, after an “under and subject” conveyance, the vendor, because of the vendee’s default, is obliged to pay the encumbrance which formed part of the purchase price, may he recover from the vendee, on the latter’s implied…