Dunn v. Ellis

LATIMER, Justice.

By this action a declaration of the rights of the parties was sought and, in addition thereto, the consequential relief of specific performance. Appellees, 'heirs-at-law of Kate Ellis, pursuant to. a contract to sell certain real estate to appellant, Charles E. *946Dunn, executed and tendered to him a deed thereto. Appellant, questioning the title, declined to accept the deed 'and refused to perform his part of the contract, although indicating in his answer herein willingness to be bound if appellees can convey a marketable title to the real estate. The court adjudged that the…