Rialto Building & Loan Ass'n v. Commonwealth Title Co.

Opinion by

Mr. Justice Linn,

This appeal is from the refusal to take off a non-suit in an action on a title insurance policy. There is no evidence that the title to the lots is not clear. The parties differ about the meaning of the policy as related to Wakefield Street, formerly called Garden Terrace, shown on a plan and used as a boundary in the description of the lots conveyed. Plaintiff contends that the policy insures “a marketable title to two lots situate on Wakefield Street (40 feet wide) as a public street,” and finds it necessary to use the words “public street” to de scribe its…