Wheeler v. Beem

The opinion of the court was delivered by

Burch, J.:

The action was one by the vendor of real estate to compel the vendee to perform. Judgment -was rendered for the plaintiff, and the defendant appeals.

The contract provided the land should be free from encumbrance, and the vendee based refusal to perform on existence of an encumbrance. The claimed encumbrance originated in a contract between property owners and the city in which the real estate is situated, relating to construction and maintenance of a sewer. The property owners, in consideration of benefits to be derived, granted to the city a…