Haar v. Daly

The vendee in a real estate purchase contract sued to recover the down payment and expenses of examining the title, upon the ground that defendant (vendor) failed to convey a title free and clear of incumbrances, except as stated in the contract. The following clause was contained in the contract: “ The seller shall give and the purchaser shall accept a title such as the Title Guarantee & Trust Company will approve and insure.” The specific objections to the title made by the vendee were not excepted in the contract. The agreement between these parties “ was not to tender a good title, or one…