Gross v. William Penn Fire Ins.

Winnet, J.,

This suit seeks to recover a $500 deposit made by plaintiffs in the purchase of a property of defendant, Wm. Penn Fire Insurance Company. The basis of this suit is the alleged fraud of defendant through its agent, James Breen, in misrepresenting that the property could also be used by plaintiffs for conducting a tailor shop. Defendant denies any misrepresentation and stands on the written agreement which purported to sell the property subject to existing incumbrances and restrictions.

The case was tried without a jury.' At the very outset defendant’s counsel objected to any…