Mamula v. McDonald

Citations

• 62 Pa. Super. 168
• 1916 Pa. Super. LEXIS 379

Syllabus

<p>Contract — Contemporaneous parol agreement — Deed — Yendor and vendee — Removal of road.</p> <p>In an action by a vendee of land against a vendor to recover damages for the breach of a contemporaneous collateral agreement which induced the plaintiffs to enter into the contract to purchase, the plaintiffs are entitled to have a judgment entered upon a verdict in their favor, where it appears that they bought the land according to a plan of lots showing a new street made out in front of the lot; that when they looked at the land before the agreement was signed they found it was cut by a road or way of some width; that defendant told them that the way was a private one under his control, and that he would have it closed up as soon as a sewer, then being constructed was finished; that he made the same promise when the deed was delivered; and that it turned out that the road was a public one which had never been opened to its full width, but which the township authorities could at any time lawfully open to that extent.</p>