Smelo v. Girard Trust Co.

Opinion by

Hirt, J.,

Plaintiff, a builder of dwelling houses, entered into a written agreement with defendant on March 14, 1941 for the purchase of a number of parcels of land in Philadelphia. On execution of the agreement plaintiff paid $1,000 to apply on the purchase price. The agreement provided; “Taxes, rent, water rent and sewer rent, if any, are to be apportioned to the date of settlement . . .” — October 1, 1941. Subsequently, on January 16, 1942, the parties agreed on modifications of the original sales contract. By writing, prepared by defendant and approved by the parties, it was…