Hoskins v. Walker

MILLIKEN, Justice.

Appellees instituted -this action under Section 639a-l of the Civil Code of Practice, seeking a declaration of rights under a certain r.eal estate sales contract. The chancellor adjudged that, the appellant was legally bound to perform the contract. The controlling issue is whether a provision in a deed of 1889' authorizing ■ forfeiture for breach of a covenant restricting the sale of alcoholic bevearges so affects the marketability of the^ title as to justify-an intended purchaser’s .refusal to -take, the property.

The facts are undisputed. The appellees, Orin Walker, Ruth…