Lloyd v. Fendick

Citations

• 231 Pa. 367
• 80 A. 529
• 1911 Pa. LEXIS 849

Syllabus

<p>Practice, C. P. — Case stated — Omission of material fact — Marketable title.</p> <p>1. A case stated must disclose facts necessary to an intelligent judgment; whatever is not distinctly and expressly agreed upon therein will be taken not to exist; and it is error to base a judgment on facts not set forth in the case stated.</p> <p>2. Where in an action for the purchase price of real estate a case stated provides that “if the court be of the opinion that the plaintiffs have a good and marketable title to the land, then judgment for plaintiffs, if not, then for defendant,” judgment must be given for the defendant where it appears by the will under which plaintiffs claim that a one-fourth interest in the property passed to a brother of the plaintiffs, and there is nothing in the case stated to account for this share and no averment that plaintiffs have title to it.</p>