Hobson Et Ux. v. Beall

This is a suit for specific performance of. contract to purchase real property. Oh July 3, 1922, the plaintiffs agreed to sell, and the defendant agreed to buy certain real property at a price of $10,000. The deed was placed in escrow with the Central Oregon Bank with direction to deliver it to the defendant upon payment of the balance due under the contract. There is no dispute as to payments made. The vendee asserts, however, a breach of warranty against encumbrances. It is alleged that, prior to the execution of the contract to purchase, the Deschutes County Municipal Irrigation District…