Walker v. Row

The opinion of the court was delivered by

Dawson, J.:

This was an amicable suit for specific performance-of a contract for the conveyance of two ten-acre tracts of land and. for the assignment of a gas-and-oil lease on a quarter section.

Plaintiff had agreed to sell and defendant agreed to buy, and it. was also agreed that plaintiff’s title need not be strictly merchantable, but must be good enough to pass muster in law. The pleadings, exhibits and admissions of the parties left no issues of fact in dispute. Plaintiff’s title was deraigned from certain devisees of the late Daniel Brindel, of…