Cobb v. Willrett

May 21, 1920, appellants agreed to sell, and appellee to buy, a certain 160-acre farm situated in DeKalb county. Appellants agreed to furnish an abstract showing a merchantable title and to convey by warranty deed the fee simple title to the premises, clear of all incumbrances. Appellee paid $2000 at the time of the execution of the contract and agreed to pay a balance of $31,000 on March 1, 1921, and to assume a mortgage amounting to $15,000. Time was made the essence of the contract. Some time prior to February 15, 1921, appellants delivered to appellee’s attorneys an abstract of title…