LACHNER v. SWANSON


251 Pa.Super. 561 (1977)

380 A.2d 922

Carl W. LACHNER and Genevieve Lachner, husband and wife, Appellants, v. Carl E. SWANSON.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

Edward G. Petrillo, Warren, for appellants.

H. Robert Hampson, Warren, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


SPAETH, Judge:

Appellants, Carl and Genevieve Lachner, sued appellee, Carl Swanson, in ejectment. The jury found for the Lachners. The lower court, however, granted Swanson's motion for judgment n.o.v. on the ground that as a matter of law Swanson had proved a mutual mistake.

The following diagram (not to scale but prepared by this court from the surveyor's plan in the record) may prove useful.

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