Moffitt v. Williams

This is an appeal from the denial of specific performance of a contract for the sale of real estate. The plaintiff, ' Florence A. Moffitt, agreed in writing to sell 120 acres of Hamilton county land to Ed M. Williams, and to give a “good title of record” therefor. She held title under a deed from her father and mother dated September 24, 1902, containing the usual granting and warranty clauses, with a special provision as follows: “This deed shall be void if grantee deeds to any party except her heirs or their heirs.” The granting clause reads, “do hereby grant, bargain, sell, convey and…