Venisek v. Draski

The summary judgment entered herein for specific performance is defective in that it requires defendant purchasers to pay the balance of the agreed purchase price without any provision requiring plaintiffs to execute a warranty deed conveying the premises to defendants and for the delivery of such deed upon defendants making the payment required by the judgment.

The deficiency in the judgment points up the principal contention advanced by defendants on this appeal, i.e., that the contract should not be enforced against them because plaintiffs are not in a position to convey marketable title.…