Werth v. Willer

The controversy involved in this action arises out of the reservation of coal in a patent issued by the United States government for a tract of land in Stark county in this state. The material facts are substantially as follows: On March 11, 1929, the plaintiff and defendant entered into a written contract whereby the plaintiff agreed to convey and assure to the defendant in fee simple, free of all encumbrances, by good and sufficient warranty deed, certain tracts of land in Stark county containing four hundred acres more or less according to the governmental survey thereof. By the terms of…