Volkert v. Swan

Opinion by

Flood, J.,

The plaintiffs sued to recover money deposited or paid on account of the purchase price of real estate. Defendants claimed the right to retain these amounts as liquidated damages under the agreement of sale and judgment was entered for them on the pleadings.

The appellants contend that judgment should have been entered for them because the vendors’ obligation to furnish title free and clear of all encumbrances was *578Violated by a recorded right of way to Pennsylvania Power and Light Company, given by the vendors prior to the execution of the agreement of sale with the…