Miller v. Lawyers Title Ins. Corp.

STERLING HUTCHESON, Chief Judge.

This is an action brought by Virginia B. Miller and Alten S. Miller, residents of New Jersey, against Lawyers Title Insurance Corporation, a Virginia corporation.

The following memorandum is intended to serve as findings of fact and conclusions of law under the Federal Rules of Civil Procedure, 28 U.S.C.A.

On December 10, 1940, Alten S. Miller entered into a contract with A. H. Ochsner, of Surry County, Virginia, to purchase certain real estate in that county containing 1659 acres. The written contract contained as a provision a proviso that title to the real…