Murrison v. Fenstermacher

The opinion of the court was delivered by

Parker, J.:

This action involves a real estate contract and was brought for the purpose of requiring defendant to furnish plaintiff with a merchantable title and thus specifically perform the terms of such agreement. The trial court held the title theretofore tendered plaintiff was merchantable and rendered judgment directing him to pay defendant the balance of the purchase price upon delivery of the abstract title and a warranty deed to the real estate. Plaintiff appeals from that judgment.

The pleadings are not in controversy and it therefore suffices…