Springgarden B. L. Assn. v. Fusaro

This action is brought to compel specific performance of a contract whereby complainant agreed to sell and the defendant to buy certain lands. Complainant moves to strike defendant's answer on the ground that it discloses no defense. The question argued is whether complainant has a marketable title.

Title is derived through a foreclosure suit in which there were two infant defendants. The supposed defect is this: The final decree followed a master's report which, in turn, was based on anex parte affidavit and not on the testimony of witnesses produced before the master. The acceptance of such…