Robinson v. Barrett

The opinion of the court was delivered by

Hutchison, J.:

This was an action to compel specific performance of a contract for the sale of an oil and gas lease which the defendant agreed by written contract to purchase from the plaintiff for a specific sum and plaintiff tendered an assignment of the lease, which the defendant refused to accept for the reason that the title thereto was not full, complete and merchantable.

The questions about the title involve the construction of a will and the effect of a friendly proceeding in court. A copy of the will and of all the court papers in that friendly…