Srolovitz v. Margulis

Citations

• 35 Pa. Super. 252
• 1908 Pa. Super. LEXIS 20

Syllabus

<p>Vendor and vendee — Incumbrances—Suit for hand money — Affidavit of defense.</p> <p>A vendee of real estate who was entitled under his contract to receive a marketable title to the premises, is under no obligation to take a title which, even if it might be finally determined to be good, is in a condition to involve him in litigation to establish or secure it.</p> <p>In ah action to recover hand money paid on the execution of a contract for the sale of land, it appeared that the premises were to be conveyed clear of all incumbrances, and the title was to be insured by a title insurance company. The statement charged that there were two outstanding equitable estates, that three mortgages incumbered the land, and that a title insurance company had refused to insure the title as a marketable title. Defendant filed an affidavit of defense in which he averred payments on account of the mortgages but only evidenced by matter in pais of the most vague and indefinite character; and that he endeavored to make an arrangement with some or all of the mortgagees to carry the loans. The affidavit did not deny the refusal of the title insurance company to insure the title; nor was it averred that any steps had been taken to convey or secure a conveyance of the outstanding equitable titles. Held, that the affidavit of defense was insufficient to prevent judgment.</p>