HEPLER et ux. v. ATTS.


201 Pa.Super. 236 (1963)

Hepler et ux., Appellants, v. Atts.

Superior Court of Pennsylvania.

June 12, 1963.


Attorney(s) appearing for the Case

Albert E. Acker, with him Max P. Gabreski, and Wiesen, Cusick, Madden, Joyce, Acker and McKay, for appellants.

Robert M. Dale, with him Dale and Woodard, for appellee.

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


OPINION BY FLOOD, J., June 12, 1963:

The defendant's decedent conveyed to the plaintiffs a tract of land of approximately 125 acres, which included 25 acres which he did not own. The price paid for the tract was $6500. The plaintiffs are suing for damages because of the defective title to the 25 acres. The jury found for the plaintiffs but the court below entered judgment n.o.v. in favor of the defendant on the ground that there was no proper proof of damages.

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