Smith v. Allmon

There was in the purchase and sale agreement a provision that the obligations of the buyer (the plaintiff Smith) “are contingent upon the determination by Buyers’ attorney that the rights, easements, restrictions and agreements set forth or referred to in certificate of title No. 1858 or in this agreement shall not directly burden or encumber [the premises], or in any way interfere with the Buyers’ ability to use and enjoy [the premises] for residential purposes without restriction.”

As matters fell out, the buyer’s attorney determined that certain restrictions in the title made it…