Farrell v. Faries

Layton, Chief Justice,

delivering the majority opinion of the Court:

The complainant below, claiming ownership in fee simple of certain lands in Smyrna, Delaware, agreed in writing to sell them to Joseph Wells Faries, the respondent below, and to convey to him a good and sufficient fee simple title thereto. Thereafter, the respondent gave notice that he would not perform the contract for the reason that the complainant could not convey to him such title. The complainant sought specific performance of the contract. The Chancellor dismissed the bill in an opinion reported ante p. 227, 17 A. 2d…