McCloskey v. Timmons

Citations

• 74 Pa. Super. 12
• 1920 Pa. Super. LEXIS 80

Syllabus

<p>Vendor and vendee — Marketable title — Doubtful title.</p> <p>1. If a vendor has covenanted to convey a marketable title and, when the time arrives for carrying out his agreement, he is unable to do so, the vendee has the right to rescind and recover back the portion of the money which he has paid on the purchase price. A title is not marketable which exposes the party holding it to litigation.</p> <p>2. In an action by a vendor to recover the purchase price alleged to be due on a contract for the sale of real estate, which called for a good marketable title, a verdict is properly rendered in favor of the defendant, where the question of title could not be definitely settled as against the interests of certain minors.</p>