Ambruster v. the "Own Your Home" Asso.

This suit is for the specific performance of a contract for the sale of land. The defendant desires, but is unwilling, to take title, because, as it claims, the complainants are not the owners of the fee. The alleged defect in the title involves the construction of the last will and testament of Mary

NOTE. — The opinion as to the title was given at the solicitation of counsel for the defendant, who waived the available point, that where the marketability of the title is reasonably disputable, equity will not specifically enforce a contract, but will leave complainant to his action at law. He…