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ELDERKIN et ux. v. GASTER

447 Pa. 118 (1972)

Elderkin et ux., Appellants, v. Gaster.

Supreme Court of Pennsylvania.

March 20, 1972.

Attorney(s) appearing for the Case

Joseph T. Doyle, with him Trevaskis, Doyle, Currie, Nolan & Bunting, for appellants.

Dale A. Betty, with him Kassab, Cherry, Curran & Archbold, for appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE POMEROY, March 20, 1972:

This appeal arises out of a dispute concerning an agreement of sale, under the terms of which the appellants agreed to purchase from the appellee a lot and home to be constructed thereon. The water supply for this home was to be provided by a private well drilled on the lot. It is undisputed that appellee, the builder-vendor of the home, adequately constructed the home and the well; it is also undisputed that the well...

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