Elder v. Elwell

Plaintiff appealed from an order denying her motion for a new trial.

This is an action for specific performance of an earnest money contract for the sale of real estate for $52,500, payable in instal- ments. The contract specified that plaintiff, the vendor, would furnish defendant, the vendee, with a Torrens certificate of title showing good title. The title of record stood in the name of Jacob Leuthold, who owned approximately an undivided one-half, and the plaintiff held an unrecorded deed from Leuthold for substantially the other half.

At the time when plaintiff was to make title under her…