NAMY v. BLACK


367 Pa. 523 (1951)

Namy, Appellant, v. Black.

Supreme Court of Pennsylvania.

May 21, 1951.


Attorney(s) appearing for the Case

Louis H. Artuso, with him Ernest G. Nassar, for appellant.

Herbert R. Hahn, with him Clyde P. Bailey and John E. Winner, for appellees.

Before DREW, C.J., STERN, JONES, BELL, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE BELL, May 21, 1951:

Plaintiff brought a bill in equity against his grantors and their real estate agent, who sold him the property, and the mortgagees who took a mortgage thereon, praying that the deed to him from the former owners be canceled, the purchase money be repaid, and his mortgage and accompanying bond be canceled, on the ground, not of fraud, but that a warranty was omitted from the sales agreement by mutual mistake. There...

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