Buffalo Academy of the Sacred Heart v. Boehm Bros.

This is a submission of a controversy in which we must determine whether or not the title to certain real estate is marketable. Plaintiff and defendant have contracted together that plaintiff may pay and discharge an indebtedness of $60,000, which it owes to defendant, by conveying to defendant a good and marketable title to some building lots, which are contained in a certain subdivision located partly in the town of Amherst and partly in the city of Buffalo in Erie county. If title to the property proves unmarketable, plaintiff must pay defendant the sum of $60,000. Plaintiff has tendered a…