Buffalo Academy of Sacred Heart v. Boehm Bros.

This controversy, submitted pursuant to the provisions of the Civil Practice Act (§§ 546-548), presents for determination the question whether title to certain real estate is marketable. The plaintiff agreed to discharge an indebtedness to the defendant by conveying to it good and marketable title to certain realty, the contract further providing that if title should prove unmarketable the plaintiff would pay the defendant $60,000 in cash. The plaintiff has tendered defendant a deed to the property in question and the defendant has refused to accept, on the ground that title is unmarketable.

It…