Arnstein v. 141 Construction Corp.

In this submission of controversy the plaintiffs desire a decree of specific performance of a contract whereby the plaintiffs agreed to sell and the defendant agreed to purchase certain real property. The defendant maintains that it rightfully rejected title on the law day and was entitled under the circumstances here to rescind the contract. The broad issue presented is whether the plaintiffs have shown a marketable title sufficient to entitle them to a decree for specific performance.

It appears from the stipulated facts that the testator died July 2, 1927, leaving him surviving a widow,…