Derby v. De Saix Corporation

O’NIELL, Chief Justice.

This is a suit to compel the defendant to carry out a contract to buy from the plaintiff three certain tracts of land at the price and on the terms stipulated in the contract. The defendant contends that the plaintiff’s title is defective and not merchantable. The trial judge, deciding that the plaintiff’s title was good, gave judgment in his favor. The defendant is appealing from the decision.

The' facts on which the defense is founded are not disputed. Colonel George McC. Derby owned certain fractional interests in the land, consisting of three tracts, having a total…