Wallroff v. Dougherty

This is an appeal in an action for specific performance of a contract for the sale of real estate. On April 27, 1980, the defendant, LaVerne Dougherty, was the high bidder at the auction sale of a residence property in Lincoln, Nebraska. Following the auction the defendant entered into a written contract to purchase the property from the plaintiff, Betty Wallroff. The contract provided that it was “Subject, however, and on condition that the owner thereof has good, valid and marketable title, in fee simple . . . .” The contract further provided, “Seller shall furnish to Purchaser either a…