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VOLKERT et ux. v. SWAN

197 Pa.Super. 576 (1962)

Volkert et ux., Appellants, v. Swan.

Superior Court of Pennsylvania.

March 21, 1962.

Attorney(s) appearing for the Case

William E. Nichols, with him Furst, McCormick, Muir, Lynn & Reeder, for appellants.

Walter R. Rice, Jr., and Greevy, Knittle, Fisher & Rice, for appellees, submitted a brief.

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

OPINION BY FLOOD, J., March 21, 1962:

The plaintiffs sued to recover money deposited or paid on account of the purchase price of real estate. Defendants claimed the right to retain these amounts as liquidated damages under the agreement of sale and judgment was entered for them on the pleadings.

The appellants contend that judgment should have been entered for them because the vendors' obligation to furnish title free and clear of all encumbrances was

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