Cross v. Miller

Opinion by

Mr. Chief Justice Moschzisker,

The parties to this action submitted their controversy to the court below in a case stated, which stipulated, if it should be determined that plaintiffs, with the joinder of their husbands, could convey a title in fee simple to an undivided one-sixth interest in • certain described lands, judgment in the amount of $4,500 should be entered against defendant, who had contracted to purchase plaintiffs’ undivided fee in such property for that amount, but refused to carry out Ms contract on the ground that plaintiffs could not convey a marketable title.…