Kappelmeier v. Newton Garage, Inc.

The parties hereto entered into a contract of sale by the defendant of a garage business and lease to the plaintiff, the plaintiff making a down payment of $1,000. The contract contained the usual provision that the vendor was to deliver a bill of sale warranting that the lease and business sold were free of all liens and violations of every Icind. The contract provided for a closing six days after its execution. Upon the date set for the closing, there existed of record against the property a violation of a city ordinance, by reason whereof it was necessary to “ separate boiler from…