Beeler v. Sims

The opinion of the court was delivered by

Benson, J.:

The question to be determined is whether an abstract of title tendered by the plaintiff to the defendant showed a good merchantable title, as stipulated for in a contract between the parties for the exchange of real estate.

In a petition for specific performance the plaintiff alleged, among other things, that he had furnished such an abstract, and attached a copy. The district court sustained a demurrer to the petition and the plaintiff appeals.

The abstract being a part of the petition, its sufficiency was challenged by the demurrer.

The…