Bradley and Mary Yohe lived in Pennsylvania. The Yohes obtained a variance to build a road through their property that was narrower than the local zoning ordinance allowed. The variance was good for as long as the Yohes owned the entire parcel, and explicitly did "not extend to subsequent owners." In 1993, the Yohes subdivided the property and sold Lot 2 to Peter and Anne Scott (plaintiffs). Lot 2 was serviced by the non-conforming road through Lot 1, which the Yohes retained. In 2006, Stephen and Nancy Hoke Turner (defendants) agreed to buy Lot 2 from the Scotts. The contract called for the Scotts to convey "good and marketable" title to Lot 2. The Turners pulled out of the contract when they found out about the variance. The Scotts sued for breach of contract, and the Turners counterclaimed for the return of their down payment on the purchase. The federal district court granted the Turners' motion for summary judgment and ordered the Scotts to return the Turners' deposit. The Scotts appealed to the Third Circuit court of appeals.