Sligh v. Watson

UDALL, Justice, with whom PHELPS, Justice, joins (dissenting in part).

We concur with our brethren of the majority (1) in their analysis of the legal effect of the use of the term “merchantable title” which appears thrice in the preliminary sales agreement, (2) that the trial court erred in entering a summary judgment for defendants, and (3) that the judgment must be reversed.

We dissent from that portion of the court’s opinion which holds that the parol evidence rule was inapplicable on the motion to strike or will not be relevant upon the retrial of this matter when defendants undertake to…