Smith v. Dugger

Mr. Chiee Justice Farmer

delivered the opinion of the court:

December 27, 1919, by a written contract duly executed, appellants agreed to “convey and assure to the party of the second part in fee simple, clear of all incumbrance whatever, by a good and sufficient warranty deed and an abstract to date,” a farm of 162 acres in Macoupin county, and appellee agreed to pay for the same $35,640 on or before March 1, 1920, at which time possession was to be given. Appellee, claiming that the title was defective, refused to carry out the agreement, and appellants filed their bill seeking specific…