Witmer v. Niesley

Weidner, J.,

This is a complaint in equity for a specific performance of an agreement of sale of real estate. The pleadings consist of the complaint, preliminary objections, amended complaint and answer to the amended complaint.

The issue raised is whether specific performance of an agreement for sale of real estate will be decreed, where the agreement provides for delivery of a good, and marketable title within 45 days, and in default of same, provides that the seller shall return the down payment without interest,- and pay expenses of any title search, when, at the date of the agreement,…