Padgett v. Bryant

Evans, Judge.

Under our present notice pleadings, the plaintiff alleges damages arising out of a continued refusal of the defendant to consummate the sale of land or to clear the objections affecting the marketability of title. The contract attached to the petition required the seller to “furnish a marketable title,” the “same to be conveyed free and clear of all liens, easements, assessments, restrictions, covenants, encroachments, and/or encumbrances.” The contract provided that the purchaser would have a reasonable time after acceptance to examine the title and a reasonable time in which to…