Werner v. Pen Argyl Imp. Co.

Citations

• 133 Pa. 457
• 19 A. 417
• 1890 Pa. LEXIS 920

Syllabus

<p>(«) The plaintiff bought from an incorporated land company certain lots alleged hy the company’s agent through whom the purchase was made to be within the limits of a borough, receiving from the agent a deed which also described the lots as situate within the borough limits.</p> <p>(Z>) After the plaintiff began to build upon the lots, he was informed that the lots were outside the borough, and, complaining thereof to the agent who sold them to him, stated that he would stop building. The agent and tbe secretary of the company then made an agreement upon the faith of which the plaintiff proceeded.</p> <p>(c) This agreement was to the effect that if the lots were not within the borough limits at the end of two years, the company would refund the purchase money paid for them; and, two years having elapsed, the plaintiff brought suit against the company for its refusal to perform its engagement:</p> <p>1. In such ease, the jury havingfound the fact that the lots were outside the borough limits, the company was bound by the agreement to refund the purchase money, and the damages for the breach of it were liquidated by the parties by the amount of the purchase money with interest.</p>