McDermott v. Reiter

Opinion by

Mr. Justice Simpson,

For a consideration named, part of which was paid at the time of signing the agreement of sale, defendants agreed to sell and convey to plaintiff, and he agreed to buy, “All that certain three story semi-detached brick house and garage known and situate at No. 1903 Wynnewood Road in the 34th Ward of the City of Philadelphia,” the agreement further providing that “the premises are to be conveyed free and clear of all incumbrances and easements.” In point of fact, the rear five feet of the lot was part of the bed of a ten-foot wide alley, over which “the owners,…