Tiffany Realty, Inc. v. Alvin

CARROLL, Judge.

In this action by a purchaser against a seller, for specific performance of a contract for sale of certain real estate the relief sought was denied, by summary judgment, and the plaintiff-purchaser appealed.

The contract called for sale to be closed within fifty days after delivery of an abstract showing “good and marketable and insurable” title in the seller; with provision that if found to be otherwise the seller should use reasonable diligence to perfect title within a reasonable time, failing which the seller should return the down payment made under the contract, and…