Israelsky v. Levine

Carswell, J.:

Plaintiff seeks damages for defendant’s alleged failure to tender a conveyance of a marketable title to a parcel of real property. The plaintiff agreed to purchase and the defendant to sell the parcel under a contract which contains a clause that it was sold “ subject to covenants and restrictions in former deeds if any.”

The complaint sets out that the title was unmarketable by reason of a right of way easement contained by reservation in a prior deed of record. Defendant asserts that the incumbrance of the easement in the prior deed was expressly provided for in the contract by…