Will v. Will Products, Inc.

Defendants, R. E. Peterson and Will Products, Inc., purchasers, appeal from a judgment of the trail court ordering specific performance of a contract to purchase plaintiffs’, Robert P. Will and Rena M. Will, real property. The essence of defendants’ contention on appeal is that plaintiffs’ failure to provide a sufficient title insurance commitment insuring against loss from encroachment of plaintiffs’ building onto the adjoining property within the time prescribed in the contract bars specific performance of the contract when, under the facts, there was no waiver of the time provisions of the…