Mailey v. Rubin

Opinion by

Mr. Justice Musmanno,

John J. Mailey, the plaintiff in this case, entered into a written agreement with the defendants, Alexander and Edna Rubin, for the purchase of a tract of land which he intended to subdivide into lots. The contract carried the provision: “Premises to be conveyed clear of all liens and incumbrances, excepting existing restrictions and easements, if any. It is understood there is no Deed restriction prohibiting the dividing of the land, and that it can be divided and approved by Lower Merion Township according to existing zoning.” After making the agreed-upon…