Beeler v. Sims

The opinion of the court was delivered by

Benson, J.:

The opinion in this case, reported in 91 Kan. 757, 189 Pac. 371, appears to have caused apprehension that transactions in real estate would be hindered by the interpretation given to the agreement to furnish an abstract showing a merchantable title. Upon the rehearing the case has again been argued with great zeal and ability, but we are satisfied that the opinion is well within the safe currents of reason and authority.

The paragraph of the opinion especially criticized is this:

“Here the abstract shows an outstanding title in fee in Pieper.…