Security Savings & Trust Co. v. Evans

This is a suit for specific performance of a contract by the terms of which plaintiff agreed to sell and defendant to purchase certain real estate. The only ground upon which defendant has refused to perform the contract is that plaintiff’s title is not marketable. The lower court rendered a decree requiring specific performance and defendant appealed.

The facts are undisputed and are set forth in the complaint, to which a demurrer was interposed and sustained. The complaint shows substantially the following facts: A contract was entered into February 7, 1933, by the terms of which plaintiff…