Winter v. Betz & Son, Ltd.

Citations

• 261 Pa. 35
• 104 A. 59
• 1918 Pa. LEXIS 684

Syllabus

<p>Principal and, agent — Gratuitous agent — Bale of real estate— Judgment on mortgage — Failure to inform purchaser of judgment —Alleged neglect of duty — Judgment for defendant n. o. v.</p> <p>Plaintiff purchased a saloon property and business and as part consideration therefor assumed payment of indebtedness of the seller to the defendant which was secured by mortgages oh the property. In order to safeguard its interests defendant assisted in arranging for the conveyance of the real estate and in procuring a transfer of the license. Three years thereafter the property was sold on a levari facias issued upon a judgment on the first mortgage which judgment defendant had secured prior to the purchase. Thereafter plaintiff brought an action of trespass against the defendant complaining that he had failed to inform him that the first mortgage had been reduced to judgment at the time of the purchase. There was no evidence that defendant undertook to examine the title to the premises for the plaintiff or to insure him against encumbrances. At the time of the settlement plaintiff’s attorney was present and had in his possession a report showing that the first mortgage had been reduced to judgment. The lien on. the first .mortgage was no greater in amount after judgment had been entered upon the scire facias than before, alb costs and overdue interest having been paid upon the judgment. The jury found a verdict for the plaintiff upon which judgment was entered. Held, judgment should have been entered for the defendant non obstante veredicto.</p>