Alexander v. Abernathy

ANDERSON,- C. J.

The contract in question provided:

“Title to be good and merchantable or contract void and earnest money to be refunded. Sale to be complete within thirty days from date, or as soon as merchantable title can be effected.” . v

This, strictly speaking, was not a 30-day contract unless a merchantable title could be shown within that period, and, if not, a reasonable time was given for the effectuation of same. An abstract of title was furnished which disclosed two 'defects, one of which was promptly waived by the purchaser, but she declined to consummate the trade unless the…