LIPPINCOTT, J., February 10, 1967.
This is an action in assumpsit instituted by property owners to recover the face amount ($3,500) of a title insurance policy issued by one of defendant's predecessor companies. A motion for summary judgment has been filed under rule 1035 of the Pennsylvania Rules of Civil Procedure.
On September 2, 1943, plaintiffs entered into a written agreement to purchase for $3,500 ". . . premises consisting of approximately one-half...
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