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MAILEY v. RUBIN

388 Pa. 75 (1957)

Mailey, Appellant, v. Rubin.

Supreme Court of Pennsylvania.

March 18, 1957.

Attorney(s) appearing for the Case

Samuel I. Sacks, with him Lee B. Sacks and Thomas F. Doran, for appellant.

Alexander N. Rubin, Jr., with him Thomas E. Waters and Goff & Rubin, for appellees.

Before JONES, C.J., CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, March 18, 1957:

John J. Mailey, the plaintiff in this case, entered into a written agreement with the defendants, Alexander and Edna Rubin, for the purchase of a tract of land which he intended to subdivide into lots. The contract carried the provision: "Premises to be conveyed clear of all liens and incumbrances, excepting existing restrictions and easements, if any. It is understood there...

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