Stork v. Merchant

The opinion of the Court was delivered by

Mr. Justice Cothran.

Action by the executors of the will of Abraham Stork for the specific performance of a contract for the sale of a certain piece of real estate, a part of his estate, entered into by the executors and the defendants on February 10, 1923. The executors claim the right to sell the land under said will, and in compliance with the contract tendered a deed conveying the land to the defendants. The defendants de dined to accept the deed upon the ground that the executors were without the power to convey. This action was then instituted for…