Roberts v. Roesch

Opinion by

Mr. Justice Drew,

This action in assumpsit was brought to recover money paid on account of the purchase price of real estate. On January 29,1929, by written agreement, plaintiff agreed to buy and defendant to sell a lot or piece of ground at the southwest corner of Forty-sixth Street and Westminster Avenue, in the City of Philadelphia. The lot was described in the agreement as having a frontage on Forty-sixth Street of “57 feet 8y2 inches, to an alley.” It had in fact a frontage of only 54 feet 8% inches, to a three-foot unopened alley. The defendant tendered a deed which described…