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PITTSBURGH v. MELLA

170 Pa.Super. 472 (1952)

Pittsburgh v. Mella, Appellant.

Superior Court of Pennsylvania.

March 18, 1952.

Attorney(s) appearing for the Case

Mark R. Craig, for appellants.

Joseph M. Tague, with him Alvin J. Porsche, Assistant Solicitors, and Harry C. Beschel, Solicitor, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.

OPINION BY GUNTHER, J., March 18, 1952:

City of Pittsburgh, appellee, instituted this action in assumpsit to recover the purchase price ($650) of real estate sold under a written agreement to Charles P. Mella and Anna Mella, his wife, appellants. Appellants demurred to the complaint averring that the City's title acquired by a tax sale in 1900 was not good and marketable or free and clear of encumbrances. No testimony was taken; the facts were agreed upon.

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