KIEC v. SHERRERD


764 A.2d 39 (2001)

Krzysztof KIEC and Krystyna Kiec, his wife, Appellees, v. Nina E. SHERRERD, Executrix of the Estate of Joseph H. Kriss, Deceased, Appellant.

Supreme Court of Pennsylvania.

Decided January 16, 2001.


Attorney(s) appearing for the Case

William G. Schwab, Lehighton, Jonathan S. Liss, Deena Jo Schneider, Philadelphia, for Nina E. Sherrerd.

Charles A. Banta, Easton, Leon H. Kline, Philadelphia, Martin H. Philip, Palmerton, for Krysztof & Krystyna Kiec.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION OF THE COURT

FLAHERTY, Chief Justice.

This case calls for interpretation of the Pennsylvania Sewage Facilities Act, 35 P.S. § 750.1 et seq., as well as application of the doctrine of merger in the law of real property.

Appellant's decedent ("appellant") entered into a five-year installment contract to sell a one-acre parcel of land to appellees. The property was not serviced by a community sewage system, and the contract...

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