Cross v. Hodges

The opinion of the court was delivered by

Dawson, J.:

This was an action to compel specific performance of a contract for the purchase and sale of real estate; in effect, a suit by the vendors for the purchase money and a defense by the vendee grounded on his contention that the plaintiffs could not and did not furnish him with a good and merchantable title to the property.

It appears that on and prior to the death of one James W. Cross, which occurred on August 30, 1907, he was seized in fee simple of a certain eighty-acre tract of land, to wit: S. %, SE. %, 8-12-25 east, in Mission township,…