Delaware Ass'n of Police v. Julian

Seitz, Chancellor:

The question is whether plaintiff can convey to defendant a marketable fee simple title to a certain piece of real estate.

Plaintiff contracted to sell defendant a lot located at the south west corner of 23rd and Locust Streets, Wilmington. The contract contained the usual language that the seller agreed to convey a good marketable fee simple title clear of all liens and encumbrances. Prior to the settlement date the defendant’s attorney notified the plaintiff’s attorney that he would not consummate the contract because plaintiff did not have a fee simple title.

*108The material…