Crow Creek Gravel & Sand Co. v. Dooley

The appellant entered into a contract with the appellees to purchase from them certain lands at an agreed price upon the tender of a deed which would convey a marketable title free of liens. The appellant refused to accept the deed.and pay for the lands on the ground that the title of the appellees was “not a good and sufficient title.” Appellees thereupon brought suit for a specific performance of the contract, and the only question here presented for our determination is whether the title offered was such as the appellant contracted for.

Dr. H. P. Dooley was the owner of the lands in…