Pearce v. Freeman

Pearce sued Freeman for specific performance of a contract of sale of certain rea,! estate. Freeman elaim'ed a breach of the contract in that Pearce had failed to comply with the following clause;

“It is understood by and between the parties hereto that the party of the first part is to furnish a good and merchantable title to the said property. That if the first party has an abstract to this certain property, he is to furnish it; otherwise the abstract is to be furnished and paid for by the second party.”

The abstract furnished disclosed that the lands were allotted to Jennie Tannitubi; that…