Thomas v. Flanagan

On April 3d 1925, complainant's assignor entered into a contract to purchase real property. The agreement was reduced to writing, and the complainant seeks specific performance thereof. Two reasons are assigned by the defendants for their motion, one being that the bill alleges upon its face that the defendants have not at any time been ready, willing and able to convey to the complainant. With this I have no difficulty. The defendants seek to draw the conclusion from this language that the complainant means only that the defendants have never been able to make title. That is not so. It means…