Bristow v. Pagano

Action for specific performance of a real estate contract between plaintiff-vendor and defendant-vendee. Defendant refused performance contending the title, as submitted, js not merchantable. The trial court held otherwise, ordered specific performance, and defendant appeals.

While the case is triable de novo, it being in equity, the facts are not in dispute. The questions raised on this appeal are strictly legal. The real estate involved is described, as “Lot 94 in Capitol Heights, No. 2, an Official Plat in Polk County, Iowa. ’ ’ On September 1, 1941, title to said property appears in the…