Christiansen v. Inter-Mountain Ass'n of Credit Men

Appellant-defendant agreed to convey to respondent-plaintiff certain land and to execute therefor a special warranty deed. The deed was executed at the time the contract was made. Defendant further agreed to furnish an abstract of title to the property “showing same to be clear of any and all liens except as herein mentioned and the said abstract shall be delivered to second party in compliance with the terms of this agreement.”

The only liens indicated in the contract referred to an unpaid mortgage and the current taxes.

Upon plaintiff’s compliance with the terms of the agreement, the special…