Drager v. McIntosh

The appellant and appellee entered into a contract for the exchange of real estate in Livingston county, each to give to the other an abstract showing a “good merchantable and sufficient” title to the property he agreed to convey. Abstracts of title were exchanged and the appellee on the date fixed for that purpose offered to perform the contract, but the appellant refused to accept the offer because he had been advised by his attorney that the title offered was not good. The appellant concedes that the appellee has fully complied with the contract if his title is good, and that is the only…