Mutual Trust Co. v. Tollen

Fronefield, P. J.,

If this case had been submitted to the jury, there was evidence from which they could have found that the defendant, in July, 1922, sold to Samuel Cottier premises No. 8929 Wyalusing Avenue, in the City of Philadelphia, to be clear from encumbrances. The plaintiff insured the title of said premises to Cottier to be marketable and clear from encumbrances, and at the settlement the defendant erroneously assured the plaintiff that the city and school taxes for 1921 had been paid, whereupon, relying upon the assurance of the defendant that the taxes had been paid, the plaintiff,…