Ogg v. Herman

This action was instituted by the plaintiff to enforce the specific performance of a contract for the sale of real estate.

On January 25-, 1921, plaintiff and defendants entered into a contract in writing, by the terms of which plaintiff agreed to sell to defendants, and defendants agreed to purchase from plaintiff, lots 4 and 5, block 10, original town site of Winnett. The contract provided that plaintiff should convey the premises “in fee simple, free of all encumbrances whatever” by a good and sufficient warranty deed, and should furnish an abstract showing “good and merchantable title in…