Mitchell v. Minnig

Citations

• 68 Pa. Super. 306
• 1917 Pa. Super. LEXIS 118

Syllabus

<p>Vendor and vendee- — -Suit to recover hand money — ■Contract—affidavit of defense.</p> <p>In an action to recover a hand payment made by plaintiff upon a contract for the sale of real estate, which provided that if the seller would be unable to give a title satisfactory to certain attorneys the hand payment should be returned, and the statement of claim avers that -the title was unsatisfactory to the said attorneys, an affidavit of defense is sufficient which avers that the refusal to pass the title by the said attorneys was “unreasonable and without foundation,” and that the failure to complete the sale was not because there was any defect in the title, but because plaintiff preferred to purchase another farm elsewhere.</p>