Berger v. Burkoff

Here are appeals from two summary judgments in two separate actions brought by the appellants, plaintiffs below, seeking damages from the appellees, defendants below, for alleged breach of warranties in the sale of two houses constructed by the appellees.

On January 17, 1950, Alex Burkoff and Helen Burkoff, his wife, Sellers and appellees, entered into an agreement of sale, under seal, with Joseph Berger and Elsie Berger, his wife, Buyers and appellants, by which “the said Seller does hereby bargain and sell unto the said Buyer, and the latter does hereby purchase from the former” a house…