Joachim v. Belfus

At the conclusion of the hearing the defendant was directed to specifically perform his contract to purchase the complainants' property. The contract fixed September 1st, 1929, as the date of closing. The defendant defaulted. The complainant then by letter set September 14th and declared time of the essence of the contract. The parties met and for the first time the defendant made known that the premises were subject to an easement and that eaves of the garage on the rear of the property overhung adjoining land four inches, which violated one of the covenants of the contract. For these…