Fidelity Union Trust Co. v. Mintz

The opinion of the court was delivered by

Heteield, J.

The bill of complaint in this case was filed by the appellant to compel the specific performance of an agreement between itself, as vendor, and the respondent, as vendee, for the sale and conveyance of certain real property. The answer filed alleged, in substance, that the complainant, as trustee, was unable to convey a good and marketable title to the premises, and by way of counter-claim prayed that the deposit made by the defendant be returned and the expenses incurred for an examination of the title be paid.

The facts, which are not…