Rappaport v. Savitz

Opinion by

Hoffman, J.,

This is an appeal from an order sustaining preliminary objections to appellant’s amended complaint in assumpsit.

The complaint contains the following allegations: Appellant, Lawrence C. Bappaport entered into a written agreement to buy real estate in Lower Merion Township from appellee, Sylvia Savitz, on September 17, 1964. When the agreement was executed there was a small crack in the arch of the enclosed stone porch entrance. Prior to settlement appellee remained in possession of the premises. After execution of the agreement but before settlement appellant requested…