Young v. Stevens

ON SECOND REHEARING

HAMLIN, Justice:

A second rehearing was granted herein in order that we might reconsider the question of the merchantability of defendant Helen W. Stevens’ title to the property involved. A'repetition of facts and issues and a chronological listing of earlier legal proceedings, fully set forth in our previous decisions, is not necessary.

*95The agreement to purchase or sell, dated March 9, 1965, recites that Helen W. Stevens offers and agrees to sell 1228 Arabella Street, single two story, “On grounds measuring about 40' x 120' or as per title”; and that, “The seller shall…