Madler v. Gunther

The appellee, Mary E. Gunther, sold unto the appellant, Henry Madler, the leasehold property known as Ho. 737 W. Saratoga Street at and for the sum of two thousand dollars, of which sum one hundred dollars was paid in cash and the balance was to be paid in sixty days thereafter, and when paid the appellee was to “convey the property by a good and. merchantable title to the vendee.” The appellant refused to pay the balance of the purchase money on the ground that the appellee was not the holder of a marketable title to said property, and could not convey such title to him.

The appellee filed…