Hannan v. Carroll

Opinion by

Mr. Justice Frazer,

Plaintiff’s bill asks specific performance of a contract by defendant to convey real estate. Originally a demurrer was sustained and the bill dismissed by the court below, but on a previous appeal to this court the judgment was reversed because the agreement contained no reference to the payment of liens and encumbrances, and, in absence of proof referring to such matters, plaintiff would not be presumed to have purchased subject to claims of that character and he had lost his right to fully perform his agreement by paying or tendering the purchase money less the…