Josal, Inc. v. Rolling Park Homes, Inc.

Opinion by

Flood, J.,

The defendants Feinberg and Budwesky owned two adjoining tracts. The first they sold to the plaintiff, the second to the additional defendant, Rolling Park Homes, Inc. The contour of the land was such that the tract bought by the plaintiff had an excess of dirt whereas the tract bought by Rolling Park needed dirt for fill. In the agreement of sale to the plaintiff, defendants obligated themselves to remove the excess dirt from the plaintiff’s tract. In the agreement of sale to Rolling Park, the purchaser, Rolling Park undertook to remove the same dirt from the plaintiff’s…