Henninger v. Forquer Building, Inc.

Per Curiam,

Plaintiffs sued in assumpsit to recover the purchase price of certain real estate sold by them to defendant, which the latter refused to take on the ground that the former could not deliver a good and marketable title. Judgment was entered on a verdict for plaintiffs and defendant has appealed.

Appellant contends that a decree entered in a prior partition proceeding, on which plaintiffs’ title rests, does not conclude the possible interest of certain grandchildren of a former owner, Charles Duffy, deceased. The question of title, which by this contention defendant seeks to again…