Murray v. Himelfarb

HOOD, Associate Judge.

This case was tried on the following stipulated facts. On December 31, 1953, Mr. and Mrs. Himelfarb, 1 hereafter called the sellers, entered into a contract to sell to Murray, hereafter called the purchaser, certain land in the District of Columbia for a price of $240,000. The contract provided that the property “is sold free of encumbrance * * *; title is to be good of record and in fact”; and the contract called for settlement within sixty days or as soon thereafter as report on title could be secured.

Prior to the making of the contract the District of Columbia had…