Holoway v. Crumbaugh

Opinion op the Court by

Judge Perry

Affirming.

This suit was brought in the Scott circuit court by the appellees for the specific performance of a contract of sale and purchase, whereby the appellees contracted to sell their farm to the appellant, Holoway, with a good fee simple title thereto.

The appellant, by his answer, pleaded that he refused to carry out his contract of purchase, for the reason that the appellee seller, G-eorge W. Crumbaugh, was unable to convey him the farm purchased with fee simple title thereto, in that he had acquired and held as a devisee under the will of his…