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· 4/25/1910

Fisher v. Reading Realty Co.

Citations

  • 228 Pa. 98
  • 77 A. 398
  • 1910 Pa. LEXIS 439

Syllabus

<p>Vendor and vendee — Articles of sale — Real estate — Covenants—“Good and complete” title — Assessment for sewer — Municipal claims.</p> <p>1. Where articles for the sale of real estate provide that taxes for the year preceding and years prior to that, shall be paid by the vendor, but no mention is made of an assessment for a sewer under construction, the amount of which could not be ascertained until long after the date of the agreement, the vendor is not liable under a covenant in the agreement providing for the title “to be good and complete,” to repay to the vendee the amount of such assessment paid by the latter after it was levied.</p> <p>2. In such a case a mere statement by the vendor in the course of negotiations that “the sewers were in, and that increased the value of the property,” implies no undertaking to indemnify the purchaser for the claim of the city by reason of the construction of the sewers.</p>

Judges: Beown, Fell, Mestrezat, Potter, Stewart

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