McKinney v. Muir

The opinion of the court was delivered by

Parker, J.

This is a vendor’s suit for specific performance of a contract to purchase real estate. The purchaser refused to complete the purchase on the ground that the deed tendered did not include all the land contracted to be conveyed, but omitted a strip about ten feet wide and about 187 feet in depth on the northeasterly side of a tract approximately five-eighths of an acre in area. This ten-foot strip constituted a driveway of the adjoining property on the north, owned by another party, and led to the stable or garage at the rear of that property.…