Lewis v. Hamilton's Exrs.

Per Curiam,

Edwin E. Hamilton and Ida G. Hamilton agreed to sell Christian B. Lewis, the legal plaintiff, certain real estate in New Jersey. The vendors covenanted that they would “well and sufficiently convey to the......party of the second part [the vendee, his] heirs and assigns by deed of special warranty free from all encumbrance on or before the eighteenth day of May,” 1926. (The italics are ours.) The vendee paid, in advance installments, |5,324.38 of the purchase price, and this suit is to recover that amount with interest, on the ground that the vendors have not and never had a title…