Smith v. Fort

MARTIN, Justice.

Appellee agreed in writing with appellant to sell and convey to him a section of land -in. *1081New Mexico and to deliver state leases on another section. The only part of the consideration for same which is material here is as follows: The assumption of the payment of $1,920 owing on the land to he conveyed, in three equal payments due in 1933, 1934, and 1935. The written contract further provided:

“First party is to furnish abstract showing •a good and merchantable title subject to the indebtedness above mentioned, together with a good and sufficient deed of conveyance to above…