Bombei v. Schafer

On January 16, 1947, these parties entered into written contract by which plaintiffs sold and agreed to convey to defendant a certain farm adjoining one already owned by defendant. The contract provided for a conveyance and “abstract of title showing merchantable title of record * * * free from encumbrance.” A down payment of $5000 waS made leaving $20,987.50 of the agreed purchase price to be paid on or before March 1, 1947.

On March 3, 1947, when the parties met to complete the transaction, plaintiffs tendered abstract and a deed subject to a railroad right of way and “to all easements and…