Williams v. Fundingsland

The parties made a written contract whereby plaintiff Fundingsland agreed to sell, and defendant Williams agreed to buy, certain lands in the state of Kansas; the seller therein covenanting to furnish an abstract of title showing “the title to be good and marketable.” The buyer paid $2,000 of the purchase price when the contract was signed, but refused to pay the remainder when due, on the ground that the abstract furnished showed the title to be substantially defective. This action is by the seller against the purchaser to recover the unpaid balance of the purchase price, and the defendant…