JOSAL, INC. v. ROLLING PARK HOMES, INC.


195 Pa.Super. 646 (1961)

Josal, Inc. v. Rolling Park Homes, Inc., Appellant.

Superior Court of Pennsylvania.

June 15, 1961.


Attorney(s) appearing for the Case

Mitchell A. Kramer, with him Arnold M. Snyder, for appellant.

Francis K. Risko, for appellees.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY FLOOD, J., June 15, 1961:

The defendants Feinberg and Budwesky owned two adjoining tracts. The first they sold to the plaintiff, the second to the additional defendant, Rolling Park Homes, Inc. The contour of the land was such that the tract bought by the plaintiff had an excess of dirt whereas the tract bought by Rolling Park needed dirt for fill. In the agreement of sale to the plaintiff, defendants obligated themselves to remove the excess dirt from...

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