Cartledge v. Trust Co.

Bussell, Chief Justice.

This was a suit to compel specific performance of a contract to purchase realty, brought by the Trust Company of Columbus against E. B. Cartledge Jr. Cart-ledge’s defense to the action was that the plaintiff did not have a merchantable title. The court sustained demurrers to the answer, and upon hearing the case, by agreement of the parties, without the intervention of a jury, rendered judgment in favor of the plaintiff. To these rulings the defendant excepted.

The answer alleged that the plaintiff’s title was defective, because a certain power of sale, under authority…