Van Gundy v. Shewey

The opinion of the court was delivered by

Burch, J.:

The action in the district court was brought by the plaintiff, Estella Van Gundy, as vendor, to compel the defendant, Clum C. Shewey, as vendee, to specifically perform a contract for the sale of a quarter section of land. Judgment was rendered for the plaintiff, and the defendant appeals.

The defendant declined to perform on his part because he was not satisfied with the ti|le offered. The contract did not guarantee a perfect record title» and consequently the defendant must be satisfied with a marketable title. The subject of what is a…