Keen v. Eaby

Citations

• 254 Pa. 273

Syllabus

<p>Contracts — Beal estate — Agreement to purchase — Bailroad as encumbrance — Acreage—Deficiency in quantity.</p> <p>Certain real estate advertised as “a tract of sixteen acres” was sold at public sale. The purchaser thereafter refused to accept the deed on the grounds (1) that the land was subject to the encumbrance of a right of way of a railroad company acquired under the right of eminent domain; (2) that the tract less the acreage covered by such right of way did not amount to sixteen acres. It appeared that the purchaser had lived within half a square of the property for a period of ten years, had worked upon it and was entirely familiar with it. Held, the lower court did not err in charging that if plaintiff’s evidence showing these facts was believed the verdict should be in the plaintiff’s favor for the amount of the purchase-price; and a verdict for the plaintiff was sustained.</p>